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The Regional Court of Frankfurt (LG Frankfurt a.M., decision of 28 January 2022, ref. 2-34 O 9/22) issued a temporary injunction against Saarländischer Rundfunk (SR) at the request of LHR due to a television report from the series ‘PlusMinus’.
Illegal content…
The urgent decision prohibits the broadcaster from making an image of the managing director of a company publicly accessible.
…unfair methods
While the content of the reporting is currently being pursued separately, the managing director in the present proceedings was concerned with prohibiting the public broadcaster from using photographic material belonging to him for the purpose of publicly denouncing him to satisfy the sensationalism of viewers or to increase access to the video in the ARD media centre.
The SC did not want to reach an out-of-court settlement
After the offer of an out-of-court settlement was rejected by the SC, an application for an interim injunction was necessary, which the Frankfurt Regional Court issued immediately.
A fine of up to € 250,000 or imprisonment is threatened
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 decision has been issued by way of an order and must still be enforced to become effective; it is in the process of being served. Der SR kann dagegen Widerspruch einlegen oder den Antragsteller zur Hauptsacheklage zwingen. Update: 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:
“As a publicly funded organisation, a public broadcaster is particularly obliged to exercise restraint and neutrality. 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 violations, the SR does not immediately admit its mistake, remove the programme and undertake to cease and desist, but instead takes the matter to court, which is ultimately financed by the licence fee payers.”
Update 11.3.2022
Saarländischer Rundfunk has issued a final declaration and thus recognised the decision as the final ruling.
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