victory all along the line: The newspaper “context” is allowed to continue to report on a staff of two AfD-members of Parliament in particular, and him, racist Comments from private Facebook protocols assign. The higher regional court (OLG) of Karlsruhe ruled on Wednesday that the sheet name the name of the man, him as the author of the misanthropic, racist and anti-democratic Posts call, and the logs can cite. This was prohibited in the district court of Mannheim, the leaf in August of last year, by injunction.
The man had claimed that his Facebook had been hacked profile, and manipulated. The chamber is extremely unlikely. Because from the point of view of the higher regional court that no forgery is present, it must be assumed that the speaker was the author of the controversial Comments, said the presiding judge, Andreas Voß.
Also, is it permissible to designate the man as a former NPD-member and to call his name: “Without naming the Name many Hundreds of employees in the country tags would be unjustly suspected,” said Voss. The interest of the Public to Information have a higher priority than the protection of the confidence sphere of the man.
“victory for freedom of press and speech”
“I am as happy as Bolle,” said the “context”-the editor-in-chief Susanne boots following the announcement. The decision is of great importance – not only for the newspaper itself, “but for the industry as a whole”. Many journalists would be out of fear of legal consequences, the scissors in the head, if you looked at the AfD. The Parliamentary Manager of the Greens in the Parliament, Uli Sckerl, congratulated the magazine. “We are excited about this important victory for press freedom and freedom of expression,” he said.
Heiner Merz, in addition to Christina tree, one of the two AfD-members, working for the speaker, did not want to comment on the judge’s decision and possible consequences. “But I am surprised that the court comes to a different judgment than the lower court.” The tree was not initially reach.
decision not subject to appeal
In Mannheim, the newspaper was put under and had now set before the court of appeal in all respects. The request of the lawyer of the man on the exclusion of the Public had been rejected by the court during the hearing in the morning.
“context” were the logs on a USB memory Stick, printed out, around 17,000 pages -. In may 2018, were published two articles. There are games but no role, whether the protocols of the source of the newspaper had been obtained on non-legal means. “The reporting is not therefore prohibited,” the court said.
the decision of The higher regional court is not subject to appeal. However, the plaintiff now has the opportunity to leave the matter in the so-called main proceedings, to clarify. This procedure would then end up back before the district court of Mannheim.
In the FOCUS Online/Wochit Günter Jauch criticized the ARD and the ZDF mkm/dpa