Hamburg Higher Regional Court Landmark decision on freedom of the press
Hamburg, 22.10.2008Yesterday Hamburg Higher Regional Court (OLG) pronounced a ruling strengthening the freedom of the press by overruling the decision made by Hamburg Regional Court in the legal dispute between the German Ski Association (Deutschen Skiverband (DSV)) and the ARD journalist Hajo Seppelt, who was advised by Michael Fricke, partner at CMS Hasche Sigle.
Following a request of DSV at the beginning of the year the Regional Court prohibited the media representative from perpetuating the suspicion that some top German biathlon and cross-country skiing athletes had used the services of a blood bank in Vienna. Hajo Seppelt never mentioned any names.
The Regional Court saw the DSV as an association attacked by this statement. In contrast the Higher Regional Court repudiated any relation to DSV. According to the comments made by the presiding judge of the Senate in yesterday's hearing it represents an unjustified restriction in the freedom of the press if associations are allowed to take action against statements which do not address them or their specific activity. Michael Fricke: "The ruling is a landmark decision upholding the freedom investigative journalism requires to uncover misconduct in future."
Contact CMS Hasche Sigle:
Michael Fricke, Industrial Property Rights, Copyright, Sports, Media and Press
Tel.: +49 (0) 40 / 37 63 02 28
E-mail:
Michael.Fricke@cms-hs.com
