LHR obtains further urgent decision against Saarländischer Rundfunk due to ‘PlusMinus’ contribution

04.01.2023 From Arno Lampmann

At the request of LHR, the Frankfurt Higher Regional Court has issued a temporary injunction against Saarländischer Rundfunk (SR) regarding a television programme from the ‘PlusMinus’ series. This is already the fourth court ruling that the programme contains illegal content.

The emergency order prohibits the broadcaster and the editors responsible from creating the impression that the publishing house operated by the applicant is publishing a specific book.

The contribution was in breach of copyright

In January, the managing director of the applicant had already obtained three interim injunctions, one of which – along with two other responsible parties – against the SR, prohibiting the public broadcaster from using photographic material belonging to it for the purpose of publicly denouncing it to satisfy the sensationalism of viewers or to increase access to the video in the ARD media centre. We reported:

LHR obtains an administrative judgement against Saarländischer Rundfunk due to television report from the series ‘PlusMinus’

The story didn’t quite fit either…

But the content of the article was also unlawful. In order to defame not only the people involved, but also the company operated by them, the responsibility for a book, which was presented as an inferior and misleadingly advertised ‘scrap book’ and formed the hook of the article, was blamed on the company.

…and was therefore made to fit

However, the applicant had nothing to do with the publication of the book. Since it was obviously too complicated for the editors to present the true events and the story could be told in a much more exciting and rounded way with the applicant as publisher, the applicant was simply pilloried in this regard.

Once again, the SC did not want to reach an out-of-court settlement

After the offer of an out-of-court settlement of the matter was – once again – rejected by the SC, a further application for an interim injunction became necessary, which the Frankfurt Higher Regional Court only issued following an immediate appeal in relation to the infringement in question here, after the Regional Court had rejected the application in its entirety (OLG Frankfurt a.M., Beschluss v. 17.11.2022, Az. 16 W 18/22).

There is – once again – a fine of up to € 250,000 or imprisonment

In the event of non-compliance, the referee or those responsible are liable to a fine of up to €250,000 or up to six months’ imprisonment. The SC has recognised the decision as the final ruling.

In addition to the claim for injunctive relief, there are claims for damages, which the applicant will assert in separate proceedings.

Lawyer Arno Lampmann from LHR:

“The following also applies in this case: A public broadcaster is particularly obliged to exercise restraint and neutrality as a state-funded organisation. Against the background of the clear factual and legal situation, it is therefore incomprehensible that such an obviously unlawful television programme made it through quality control.

In our view, it is completely incomprehensible that, following a letter detailing the legal infringements, the SR does not immediately admit its mistake, remove the contribution and undertake an obligation to refrain from doing so, but instead takes the matter to court, which is ultimately financed by the licence fee payers.”