As of: February 8, 2024, 1:23 p.m
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Rico Heinzig (r), beekeeper, and his lawyer Markus Hoffmann sit in the hall before the trial begins.
© Sebastian Kahnert/dpa
Jan Böhmermann and a beekeeper from Meissen, Saxony, are arguing in court.
It's about the question of what satirical advertising is allowed to do - now there is an initial answer.
Dresden - In the legal dispute over a Saxon beekeeper's advertising with a picture of presenter Jan Böhmermann, the Dresden regional court has contradicted the prominent TV satirist's request for a ban.
A civil judge ruled in favor of the beekeeper and honey producer from Meißen across the board and rejected Böhmermann's application for an interim injunction on Thursday.
He cannot assert any injunctive relief due to violation of his personal rights with regard to his name and image.
The judgment is not final and an appeal to the Dresden Higher Regional Court is possible.
Böhmermann wanted to ban Rico Heinzig's company, who had previously involuntarily appeared on the "ZDF Magazin Royale" program, from selling and advertising "beewashing honey".
According to his own statements, the beekeeper released the product as a satirical reaction to the broadcast on November 3, 2023, in which Böhmermann named him and also showed his picture without consent.
The article was about criticism of companies that practice “beewashing” as a form of greenwashing - a play on words between greenwashing and the English term for bees.
When weighing up personal rights, the court did not rate the protection of Böhmermann higher than the interests of organic beekeeping that were worthy of protection.
According to the Art Copyright Act, portraits can be published without the consent of the person concerned “if they can be assigned to contemporary history and the legitimate interests of the person depicted are not violated,” explained the judge.
That was what was assumed.
In the present case it is a portrait from the public sector; it shows Böhmermann in the context of his professional activity and not as a private person, but as part of a program with an audience of millions.
After Heinzig did not sign a subsequent cease-and-desist declaration, Böhmermann sued.
Both sides rejected a settlement at a conciliation hearing in court in mid-January.
A week later, Heinzig withdrew the controversial honey from the market.
In the court's opinion, he had found "a suitable means" to satirically engage with the report in Böhmermann's program for a limited time.
The judge said that he had “unasked and mockingly exposed him to unfairness in front of an audience of millions.”
The satirical approach of Heinzig's reaction is clearly recognizable to the public due to the well-known concept of the program and Böhmermann is known throughout Germany as its moderator, also for the fact that he deliberately exaggerates things.
dpa