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BuzzFeed News and VICE are allowed to report abuse allegations again following a court ruling

2020-12-16T09:11:43.759Z


Reporting on allegations of sexual abuse against a recognized HIV doctor was prohibited by a court in 2019, and the appeals court has now largely revised the judgment. It's a partial victory for freedom of the press


Reporting on allegations of sexual abuse against a recognized HIV doctor was prohibited by a court in 2019, and the appeals court has now largely revised the judgment.

It's a partial victory for freedom of the press

Last week, an important ruling on freedom of the press * was pronounced at the Court of Appeal: BuzzFeed News, which is now part of the Ippen media group, and VICE will again be able to report on allegations of abuse against an HIV doctor *.

Over a year ago, the media published a research in which a globally recognized doctor was accused of abuse of several gay patients.

The doctor took action against it in court, and after a few days the Berlin Regional Court issued an injunction.

Since then, the texts are no longer available online.

BuzzFeed News * and VICE had appealed against it.

Now the Chamber Court has come to the judgment that the texts are largely admissible.

The allegations had been researched in an unusually detailed manner, said the presiding judge on Thursday, but the decision had to be considered.

On the one hand, it is about crucial personal rights of the doctor.

On the other hand, you have to take into account "the way the press can report here in Germany".

The doctor says he always treated his patients correctly.

The presiding judge also sees the research against the background of the MeToo debate and said the judgment will be of great importance for MeToo reporting *.

At the same time, the court sees the doctor's concern that the reporting will destroy him.

“Something gets stuck with these things, that's the problem,” said the judge and used the case of the acquitted meteorologist Jörg Kachelmann for comparison.

The HIV medic was in the room at the trial.

He denies the abuse allegations.

His attorney stated on several occasions that the media sources lie that the allegations were an organized campaign against his client.

"You are just as intimidated as the district court by this chatter from MeToo," he said to the presiding judge.

The verdict could have consequences for journalistic work on allegations of sexual abuse.

The decision of the higher court was then a compromise.

The court considers the detailed descriptions of the alleged attacks to be prejudicial and in this respect confirmed the preliminary injunction of the lower court.

However, according to the appeal judgment, large parts of the research are permitted and will be able to be disseminated online again in the future.

The ruling also stipulates that the doctor must bear three quarters of the court costs.

Jan Hegemann from the law firm Raue, which represents BuzzFeed News and VICE in the proceedings, sees the verdict as a partial victory: "The Superior Court confirmed that Buzzfeed and VICE were allowed to report identifying the allegations made on the basis of dense evidence," he says.

“It is forbidden to communicate numerous details that the research brought to light.

This view of the Court of Appeal appears highly problematic, because it considerably limits investigative reporting, especially on #MeToo cases, some of which are below the criminal liability threshold. "

A limitation on all # Me-Too coverage

Daniel Drepper, editor-in-chief of BuzzFeed News, and Felix Dachsel, editor-in-chief of VICE, assess the judgment in a similar way: "We are pleased with the judgment and once again shows that good journalism needs good lawyers - and perseverance," said Dachsel.

"A research is only as strong as the will to defend it in court"

Drepper is also pleased that a large part of the research will soon be available again.

“At the same time, I think it is extremely dangerous if we are no longer allowed to report on detailed researched allegations in the future.

Precise, balanced, transparent presentation is particularly important in suspicious transaction reporting.

The verdict is a restriction for the entire #MeToo reporting in Germany. “*

BuzzFeed News is part of the Ippen-Digital network

Anyone who would like to give us advice or information on this research can contact juliane.loeffler@buzzfeed.com at any time or call our reporter on 0170 - 7060140.

Source: merkur

All news articles on 2020-12-16

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