Definition and Legal Classification of Press Offenses
Press offenses are criminal and administrative offenses associated with the activities of press organizations, in particular through publications in print or online media. The term encompasses both offenses specifically anchored in press law as well as general criminal acts that are committed by means of printed works, newspapers, magazines, or other comparable media. Press offenses hold a special position, as they exist in the area of tension between the constitutionally guaranteed fundamental right of freedom of the press (Art. 5 Sec. 1 Sentence 2 Basic Law) and the protection of other legal interests.
Legal Foundations
Constitutional Framework
Freedom of the press is protected in Germany by Art. 5 Sec. 1 Sentence 2 of the Basic Law (GG). However, this fundamental right finds its limits in general laws, child and youth protection, and the right to personal honor (Art. 5 Sec. 2 GG). Any interference with press freedom, for example through criminal provisions against certain press content, must always be weighed with particular care.
Criminal Provisions
Various offenses under the German Criminal Code (StGB) may be considered press offenses, provided they are committed through publication in press media. The key provisions include:
Offenses Against Honor
- Insult (§ 185 StGB)
- Defamation (§ 186 StGB)
- Malicious Gossip (§ 187 StGB)
These offenses are relevant when publications violate personal rights.
Violation of Private Secrets
- Violation of Private Secrets (§ 203 StGB)
- Violation of the Highly Personal Sphere of Life by Taking Pictures (§ 201a StGB)
Endangerment of Public Order
- Incitement to Hatred (§ 130 StGB)
- Public Incitement to Commit Criminal Offenses (§ 111 StGB)
- Depiction of Violence (§ 131 StGB)
Press-Specific Criminal Provisions
Das State Press Law includes its own supplementary penal and fine provisions, e.g., for violations of imprint requirements or the publication of prohibited content.
Liability Issues in Press Offenses
Liability of Perpetrators and Participants
In the case of a press offense, various individuals can be held liable. These include:
- Author: The person who created the criminal statement.
- Publisher/Editors: Individuals who decide on the publication.
- Printers and Technical Distributors: Only if they are aware of the offense or should have been aware.
According to the state press laws, the responsible party under press law is usually the so-called ‘person responsible under press law,’ typically the chief editor, publisher, or editor-in-chief (§ 7 of the state press laws).
Civil Liability
In addition to criminal consequences, a press offense can also entail civil claims, particularly arising from §§ 823, 1004 BGB (damages, injunctive relief). In particular, violations of personal rights can lead to substantial claims for damages.
Special Procedural Rules for Press Offenses
Scope of the Media Privilege
The prosecution of press offenses is subject to procedural particularities. For example, stricter requirements apply to searches and seizures at press organizations (§ 97 StPO, § 53 StPO), to protect editorial work and source confidentiality.
Increased Protection From Prosecution
- Prohibition of Seizure: Documents used for the production of printed works may only be seized under strict conditions.
- Confidentiality of Informants: The right to protect the identity of informants is strengthened by the media privilege.
Distinction From Other Offenses
Press offenses are to be distinguished from ‘media crime’ and general offenses in that they have a direct connection to the exercise of press activity. General offenses with no relation to press publications (e.g., theft) do not fall under the definition.
Significance and Current Developments
Digital Media and Press Offenses
With the rise of online media and social networks, press offenses have continued to evolve. Classical protected interests such as general personal rights and youth protection are often affected, especially as new forms of injury to honor and information dissemination appear via blogs, news portals, and social media. This presents new challenges to the application of law, requiring ongoing adaptation of case law and legislation.
European and International Influences
In addition to German law, press offenses are increasingly affected by EU law and international regulations, such as the European Convention on Human Rights (ECHR), particularly Art. 10 ECHR (freedom of expression and information).
Summary
Press offenses refer to all criminal acts and administrative offenses committed by the press in the area of tension between press freedom and the protection of third-party rights. They are characterized by a complex legal classification that encompasses criminal, civil, press, and constitutional law provisions. Procedural particularities, stringent requirements for state intervention, and ongoing changes resulting from digital developments make this area of law particularly multifaceted and significant for the practice of the media industry.
Frequently Asked Questions
What are the legal consequences for publishing false statements in the press?
The publication of false factual statements can have serious legal consequences. Civil law may entitle the affected person to claims for injunctive relief, retraction, and counterstatement. According to §§ 823, 1004 BGB, there is a right to injunctive relief in the event of a violation of general personal rights; damages can also be claimed. Press law counterstatement claims are regulated by the respective state’s press law and must be fulfilled within a short period. In criminal law, § 186 StGB (defamation) and § 187 StGB (malicious gossip) apply in particular if the false statement injures a person’s honor. In addition, press law due diligence requirements under the respective state press law may be violated, resulting in administrative offenses and fines. Journalists and editorial offices are therefore obliged to carefully verify facts before publication.
Under what conditions is reporting on suspicion permissible?
Reporting on suspicion, where only an unproven suspicion is addressed, is subject to strict legal requirements. The prerequisite is that a minimum level of evidence exists—mere rumors are not sufficient. Furthermore, a clear distinction must be made between facts and suspicion; the suspicious nature must be clearly indicated. Usually, the affected person must be asked to comment before publication (principle of a right to be heard). In the absence of such a hearing, the reporting is generally unlawful. Moreover, personal information may not be disseminated beyond what is necessary to inform the public. The press institution must carefully weigh whether the public’s interest in information outweighs the protection interests of the person concerned—a principle derived from the requirement of proportionality.
What special duties of care apply to members of the press during reporting?
Members of the press are required under state press laws and journalistic codes of conduct to exercise special care in their publications. This includes thorough research and verification of information, especially in cases of serious allegations or consequences for affected persons. The origin of information should be verified and cited where possible. Original sources are to be referenced and analyzed, and speculation must be identified as such. Erroneous reports must be promptly corrected upon becoming known (e.g., through a retraction or correction). The intentional dissemination of false information violates § 6 of the respective state press law and can result in civil, criminal, and press law claims. Press freedom also finds its limit in the personal rights of third parties.
How is the responsibility of publisher, editor-in-chief, and authors for press offenses regulated?
Liability for a press offense is structured in press law according to a layered system of responsibility, known as the chain of responsibility. Primarily, the author of the article is responsible. Secondarily, the responsible editor or editor-in-chief, who oversees and authorizes publication, is liable. In addition, the publisher can be held accountable as the party responsible under media law if there has been organizational fault or if monitoring and due diligence duties have been breached. § 7 of the state press laws mandates the appointment of a person responsible for content (imprint requirement) who may be held legally liable. Civil law claims can be asserted against all parties or institutions listed in the chain of responsibility, in which case each party’s degree of responsibility for the offense is assessed.
When must a counterstatement be published, and to what extent?
A counterstatement must be published under the state press laws if a person or organization is affected by an assertion of fact they consider to be incorrect. The counterstatement must be requested in writing and without undue delay upon becoming aware of the publication. It must specifically refer to the challenged report and may not violate legal prohibitions or good morals. The publication must take place in the same edition and in a comparable spot as the original report; deferrals or shortening are only permitted if the counterstatement is obviously inadmissible or significantly more extensive than the original report. The press is obliged to publish the counterstatement regardless of its own view, provided legal requirements are met.
What special features apply to the prosecution of press offenses in criminal proceedings?
Press offenses are, in part, subject to special statutory provisions in criminal law. One particular feature is the requirement that the injured party files an application (§ 194 StGB), which must be submitted within three months. The public prosecutor’s office pursues press offenses ex officio only if there is a special public interest in prosecution. In the case of offenses against honor, procedural law under § 24 of the Interstate Media Treaty and the state press laws provides, among other things, for an acceleration requirement and an extract of the hearing minutes. Journalists also enjoy, under certain conditions, the right to refuse to give evidence under § 53 StPO (protection of sources), which must be observed in investigations and court proceedings.
