As of: February 8, 2024, 4:47 p.m
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The beekeeper Rico Heinzig stands next to a poster by Jan Böhmermann.
© Sebastian Kahnert/dpa/archive image
A beekeeper criticized by TV satirist Jan Böhmermann on his show uses this mention as advertising.
The moderator sees his personal rights violated - now there is a verdict.
Dresden - In the legal dispute with the TV satirist Jan Böhmermann over a honey advertisement, the Meißen beekeeper Rico Heinzig has achieved success in the first instance.
Böhmermann wanted to prohibit the beekeeper and honey producer from selling and advertising honey with his face.
The Dresden regional court contradicted Böhmermann's request for a ban and rejected his application for an interim injunction as "unfounded in the matter," as a civil judge announced on Thursday.
The story began when Böhmermann named the beekeeper in a contribution to “ZDF Magazin Royale” and also showed his picture without consent.
The article was about “beewashing” - a form of greenwashing in which the death of bees is exploited.
In response, the beekeeper released a “beewashing” honey and advertised it with Böhmermann, according to his own statements as a satirical reaction to the broadcast on November 3, 2023.
The Dresden regional court now contradicted Böhmermann's request for a ban and rejected his application for an interim injunction as "unfounded in the matter," as a civil judge announced 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.
Judge sees beekeepers as having a greater interest in protection
The judge said that when weighing up personal rights, the court rated Heinzig's interests worthy of protection higher than those of Böhmermann.
Neither the use of the image nor the name constituted an unlawful violation of personality. According to the Art Copyright Act, images may 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”.
That was what was assumed.
In the present case it is a portrait from the public sector; it shows Böhmermann in his professional activity as part of a program with an audience of millions and not as a private person.
The judge said that the beekeeper was allowed to use a picture from the program in question “as a response to the satirically prepared publication” of his name and picture for a comment.
The advertising has commercial purposes, but also represents “a humorous satirical expression of opinion” that comments on the program’s reporting “in a mocking and ironic way”.
Böhmermann has to “accept the reactions of those” he draws into the spotlight
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, with the product 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.”
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The moderator is also responsible for the content of the TV magazine, “undoubtedly the trademark and flagship of the format,” said the judge.
He must “accept the reactions of those who are drawn into the limelight by his contributions and thereby negatively affected.”
Böhmermann benefits from the success and failure of the programs in which topics are pushed to the limit of what is legally possible through “provocatively satirical and exaggerated contributions” - in favor of the audience rating.
Judge: Satirical approach to honey advertising clearly recognizable
According to the judge, the satirical approach of Heinzig's reaction is clearly recognizable to the public, also due to the concept of the program and the fact that Böhmermann is known throughout Germany as its presenter and for "the fact that he deliberately exaggerates things."
The reactions to the advertising, including a poster in a Dresden supermarket, also reflected that it was “understood as a tongue-in-cheek satirical counterattack”.
According to the reasoning, the stylistic devices of exaggeration, distortions, alienation and mockery are clearly recognizable, as is the irony that Böhmermann, “as a leading bee and beetle expert,” is supposed to advertise a product from the company featured in the program.
The judge also pointed out that Heinzig's campaign and advertising was limited in time, space and only to 150 glasses.
With his lawsuit against the beekeeper, Böhmermann himself increased their sales and awareness, she said.
Interest and public attention only increased when the media reported on his reaction.
dpa