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The Berlin-Brandenburg Higher Administrative Court is located at the entrance to the court building on Hardenbergstrasse.
© Jens Kalaene/dpa
The Federal Ministry of the Interior publishes a study on the subject of anti-Muslim sentiment.
A publicist finds himself attacked in an unobjective manner and goes to court.
With success.
Berlin - In the dispute over the publication of statements by the journalist Henryk M. Broder, the Federal Ministry of the Interior (BMI) has to remove text passages from its homepage.
This was decided by the Berlin-Brandenburg Higher Administrative Court (OVG), as Broder's lawyer, Joachim Nikolaus Steinhöfel, announced on Sunday upon request.
The “Frankfurter Allgemeine Zeitung” (Monday) had previously reported on it.
After the racist attack in Hanau in February 2020, in which nine people with a migrant background were killed, the BMI convened an Independent Expert Group on Muslimphobia (UEM).
He prepared a study that went online on the ministry's website under the title “Muslimophobia - A German Balance Sheet 2023”.
In this context, Broder's controversial passage was published.
The journalist defended himself against this because, among other things, it was alleged that in an article in 2010 he had advocated “an unrestricted application of freedom of expression”, “while openly mocking calls for de-escalation and consideration and generally describing Muslims as ignorant, honor-obsessed “demonized, bloodthirsty hordes”.
Broder sees himself as being attacked in an unobjective way.
From the court's point of view, the report by the group of experts represents an infringement on Broder's personal rights. This assessment is permitted.
However, the ministry must make it clear that this is not an “official” position.
The BMI has a duty to be objective.
The OVG decision states that this was not done justice.
Rather, the document has the BMI logo on it and Federal Interior Ministry Minister Nancy Faeser says in the foreword that it is important to seriously consider the experts' recommendations.
With its decision, the OVG overturned a decision by the Berlin Administrative Court in an expedited procedure.
(OVG 9 S 20/23).
Broder's lawyer Steinhöfel is now waiting for a statement from the BMI acknowledging the decision.
“If that doesn’t happen, we’ll sue,” said the lawyer.
“We are currently evaluating the decision of the Higher Administrative Court,” the “Frankfurter Allgemeine Zeitung” quoted a ministry spokeswoman as saying.
The expert group's report was taken from the ministry's website.
dpa