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IRIS 2016-8:1/13 [DE] Hamburg Regional Court prohibits repetition of “abusive criticism”

In a decision of 17 May 2016 (Case 324 O 255/16), the Landgericht Hamburg (Hamburg Regional Court) issued an injunction against TV presenter Jan Böhrmermann prohibiting him from repeating large parts of an “abusive poem” that he read out in a TV programme. In addition to a criminal prosecution, the President of Turkey had made an application under civil law in fast-track proceedings to stop the presenter from repeating the poem. The satirist had read out a poem about the Turkish President entitled “Schmähkritik” (“abusive criticism”) in his TV show “Neo Magazin Royale”, which was rebroadcast on...

IRIS 2016-8:1/12 [DE] No injunctive relief against rebroadcasting of child abuse drama

In a judgment of 3 June 2016 (Case 324 O 78/15),  the Landgericht Hamburg (Hamburg Regional Court) ruled that a former pupil of the Odenwaldschule boarding school in Hesse, in which child abuse took place on several occasions, is not entitled to injunctive relief against the rebroadcasting by the TV station WDR and the production company of the feature film “Die Auserwählten” (The Favoured Few) depicting those events, despite the fact that he was himself a victim. The Odenwaldschule was the focus of public attention when it came to light that systematic sexual abuse of pupils had been perpetrated...

IRIS 2016-8:1/11 [DE] Filming of a hostage drama within the law despite murderer’s personality rights

According to media reports, the Landgericht Aachen (Aachen Regional Court) ruled in a decision of 24 May 2016 (Case 8 O 168/16) that the planned filming of the Gladbeck hostage drama was within the law, and the personality rights of the person convicted of the hostage-taking and murder were no obstacle to carrying out the project. In August 1988, the hostage-taker and another perpetrator robbed a bank in Gladbeck. While they were on the run through Germany and the Netherlands, two hostages and a police officer were killed. Both were sentenced to life imprisonment in 1991 by the Landgericht Essen...

IRIS 2016-8:1/10 [DE] Federal Administrative Court rules that Sport1 breached ban on surreptitious advertising

The Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) ruled, in a judgment of 22 June 2016 (Case 6 C 9.15), that a broadcaster is in breach of the ban on surreptitious advertising if it fails to identify advertising content in one of its programmes when the purpose of the programme does not provide sufficient justification for this. The plaintiff, which operates the TV channel “Sport1”, aired the programme “Learn from the Pros”, originally produced for the American TV market, in which professional poker players provide tips for playing the game. The plaintiff had acquired the programme...

IRIS 2016-7:1/14 [DE] ZAK reaches decision on breaches of advertising rules

At its meeting in Halle on 26 April 2016, the Kommission für Zulassung und Aufsicht (Commission on Licensing and Supervision - ZAK) of the Landesmedienanstalten (Regional Media Authorities) reached a decision on breaches of advertising rules. It criticised three cases of unlawful product placement and two involving the inadequate separation of advertising and programming content. The three cases of unlawful product placement it criticised were in the TV show “Germany’s Next Topmodel” on the ProSieben channel operated by ProSiebenSat.1 TV Deutschland GmbH. In the media watchdogs’ opinion, the focus...