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The Regional Court of Cologne (LG Köln, Beschluss v. 15.7.2021, Az. 28 O 248/21, nicht rechtskräftig) has prohibited Westdeutscher Rundfunk (WDR) from making untrue, disparaging reports to the detriment of a property developer.
The specific contribution must now also be removed from the “ARD-Mediathek”.
Biased reporting on construction project
The television report, which was broadcast on WDR Servicezeit, was based on the years-long interruption of a construction project, which naturally posed considerable organizational and financial problems for all those involved – both the property developer and the private house builders.
The reason for the delay was the city’s refusal to connect the affected buildings to fresh water, even though a legally binding building permit for the project was available.
City refuses water connection despite building permit
Obviously a tangible scandal. However, despite the clear factual and legal situation, according to the plan of the WDR “investigative journalist” (who not coincidentally worked together with the lawyer of the house builders concerned), this should not be blamed on the city, but rather “blamed” on the property development company.
The story of the greedy entrepreneur who wants to enrich himself at the expense of private house builders was obviously expected to attract more attention and clicks than one story among many in which public officials behave unlawfully.
Groundless accusations against entrepreneurs
But that’s not all.
In addition, the impression was created that the developer had not only caused the misery, but also wanted to exploit the financial plight of the buyers who were unable to obtain their properties. He had wanted to force them to make an additional payment if they wanted to take over the property that had not been fully completed in return for payment of the remaining amount due in line with the progress of construction.
A serious and unfounded accusation and therefore a clear violation of (entrepreneurial-) personality rights, which the company could not allow to stand.
You could face a fine of up to €250,000 or imprisonment
The Cologne Regional Court has now prohibited WDR from repeating this insinuation by means of a temporary injunction without an oral hearing due to particular urgency. WDR must comply with this ban immediately. The specific contribution must be removed from the “ARD-Mediathek”.
In the event of non-compliance, an administrative fine of up to € 250,000 or up to six months’ imprisonment is threatened (LG Köln, Beschluss v. 15.7.2021, Az. 28 O 248/21, nicht rechtskräftig). WDR can appeal against the decision.
Claims for compensation against WDR and in particular against the responsible “investigative journalist” are currently being examined.
Lawyer Arno Lampmann from the law firm LHR:
“A public broadcaster, as a medium endowed with public funds and a legal mandate, is particularly obliged to exercise restraint and diligence. In view of the diffuse presentation of the facts and the obvious links between the journalist and the lawyer, it is incomprehensible that the program made it into the renowned broadcaster’s program at all. Sensationalist and unobjective reporting should be left to the tabloids by public broadcasters, no matter how tempting the story may be.
In any case, untrue allegations have no place in reporting, especially if they are used to convey serious accusations that are damaging to business. This is also in the broadcaster’s own interest. Because untrue reporting can cause considerable (reputational) damage that must be remedied or compensated for.”
Disclosure: Our law firm represented the applicant.
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