FREQUENTLY ASKED QUESTIONS

FAQ

Claims and strategies in media law

Preliminary injunctions, legal threatening letters, press law:

Many press spokespersons and heads of communications consider this to be "forbidden devil's stuff".

Under no circumstances is such a thing considered, because it disturbs their nice relationship with the editors and journalists. CEOs who are annoyed by media reports often take a different view.

They want to show that they can also defend themselves. Both positions have something for themselves. If you're too nice and let yourself be pushed around, you won't get far.

But those who constantly harass journalists with temporary injunctions or criminal charges are in danger. He has to reckon with the media taking revenge one day. […]

More

Counterstatement

The counterstatement claim gives the option to contradict a representation in the media. The counterstatement is the declaration by the person concerned of an untrue factual assertion which has been published.

There are only counterstatements against factual allegations, but not against expressions of opinion. The following counterstatement is therefore unthinkable:

"In BLICK on 01.07.2011 it was claimed on page 27 that our football team had played badly on Saturday. This is incorrect. The team played well."

Whether there is a fact or an expression of opinion can be difficult to determine in individual cases. […]

More

Injunctive Relief

The right to cease and desist can prevent an illegal reporting that has already taken place or is threatened for the first time.

It is therefore of particular practical importance. By means of a temporary injunction, it can provide rapid and effective protection against imminent impairments.

The injunctive relief can be directed against illegal texts as well as against inadmissible photographs or films.

An injunctive relief for word reporting does not only exist against untrue factual claims [...].

More

Corrigendum

A corrigendum, i.e. a revocation or a correction, is a declaration by the media company that the distributed article contained incorrect factual claims.

An example: "On July 1, 2011, in our magazine A, we stated on page 27 that AAG had paid a pension to Mr. A. In this case, the company had to pay a pension to Mr. A.

We hereby revoke this allegation as untrue. AAG did not make any payments to Mr A."

A correction claim only exists in the event of untrue factual allegations. There is no correction in respect of expressions of opinion. […]

More

Compensation for pain and suffering, damages and enrichment

The claim for damages is aimed at the compensation of actually incurred damages.

For example, damage may consist of someone losing their job and losing their earnings due to inadmissible reporting.

Similarly, legal expenses, including attorneys' fees, may be recoverable.

In the case of the commercial exploitation of asset personality elements, the injured party can calculate the damage in three different ways according to the case law. […]

More

Press Complaint

In the case of violations of the press code there is the possibility of a press council complaint.

Any person can complain to the Press Council about newspapers, magazines and since, January 1, 2009, the journalistic and editorial contributions from the Internet, provided it is not broadcasting.

Clubs, associations, etc., are also entitled to do so.

The complaint is free of charge.

In practice, however, the press council complaint is of little relevance.

More

Criminal complaint

We also rarely recommend taking criminal action.

An investigative procedure for insult or defamation (§§ 185 ff. StGB) usually takes a long time and rarely leads to a conviction.

More

Strategic considerations

In addition to the legal and procedural aspects, strategic considerations play an important role in the approach to media reports that violate personality rights.

How and where to enforce a temporary injunction, or bring an action in the main proceedings, is one side; the available measures to take, and whether at all is the other.

The assessment begins with the crucial question: What are the chances of success?

You should not lead processes that you lose.

This may sound banal, but in practice it is often difficult to talk angry people out of processes they will not win. […]

More