Post from the AfD.
In the past few days, an “information sheet” from the Miesbach district association was distributed in the mailboxes of several municipalities in the Miesbach district.
The topic: "Corona - Facts - Media".
The reaction was not long in coming.
District
- Complaints were received both in the editorial offices of our newspaper and in the district office.
These were mainly directed against the content.
"But it is covered by the fundamental right of freedom of expression," says District Office spokeswoman Sophie Stadler.
But another point could really represent a legally relevant violation: the incorrect imprint.
According to Stadler, dozens of complaints against the AfD's flyer were received in the district office this week.
And that means a lot of work.
"The district office is obliged to investigate these reports," explains Stadler.
"Just as the authorities would be obliged to investigate complaints against the printed products of other parties."
Responsible not apparent
Specifically, it is about the imprint of the publication.
This must show who is responsible for the publication.
“Therefore, it is checked whether the lack of the name of the person responsible and the mere indication of a PO box is sufficient.” In addition, the address and name of the association did not match.
PO box address outside of the district
Article 7 of the Bavarian Press Act stipulates that the author or publisher must be named "on every printed work published in Bavaria".
“Name or company and address must be given.” The AfD implemented this too loosely: “ViSdP: AfD District Association Miesbach, Postfach 1223, 82019 Taufkirchen”.
No person, no address.
Just a post office box that doesn't even belong to the district association, but apparently to the regional association based in Ottobrunn.
On the homepage of the AfD district association Miesbach - also in the imprint - a post office box in Holzkirchen is the address.
In general it is noticeable: A logo of the AfD is completely missing - only in the text the AfD is named as the author of the publication.
Among other things, when calling for donations.
The AfD district association Miesbach is represented by its chairman Alois Ostermair from Weyarn.
On Friday, however, he could not be reached by phone or email.
The district office is now checking whether an administrative offense procedure needs to be initiated.
This could result in a fine.
The amount depends - according to the district office spokeswoman - on the outstanding case-by-case examination and therefore cannot yet be quantified.
Specifying a PO box is not enough
The case is similar to that of political party campaigns.
There, too, a responsible individual must be named in the imprint.
It is also necessary to provide the private address or optionally a business address with city, street and house number.
Specifying a post office box is not sufficient here.
The purpose of this regulation is to clearly name a person responsible.
Because according to the state press laws, the person named as responsible in the imprint is liable for the content in terms of criminal and press law.
Anonymity in criticism
Bad Wiessee's Mayor Robert Kühn (SPD) has a clear position on this advertising brochure.
He posted a short video on Facebook in which he simply puts the flyer in the blue bin.
Why did he publish the video?
“Because I'm a social democrat.
This requires a clear opinion. ”He stands for this position as a person with name, office and personality.
Unlike the AfD.
“In the end, you don't even know: Is that controlled by the regional association in Munich or the district association?
It has nothing to do with politicians who stand up for their ideals. "
ddy
