Term and Definition: Press Offenses
A press offense is an unlawful act committed using a press organ or within the framework of press reporting that violates relevant criminal, administrative, or civil law provisions. They particularly include violations of general criminal laws, press-specific regulations, as well as personality rights in connection with the publication, dissemination, or production of press products. Press offenses have significant practical relevance for the balance between freedom of the press and protection of personality. Provisions regarding press offenses are typically found in press laws, the Criminal Code (StGB), and other special legal statutes.
Legal Classification of Press Offenses
General Framework
Press offenses are not an independent category of offense, but rather describe acts in which a crime or legal violation is committed by means of the press. The peculiarity lies in the use of public communication by means of print media, online media, or another press product as the means of committing the act.
In Germany, Article 5 Paragraph 1 Sentence 2 of the Basic Law (Grundgesetz) stipulates freedom of the press as a particularly protected fundamental right. However, this freedom is subject to restrictions under general laws as well as the rights of personal honor and the provisions for the protection of minors (Article 5 Paragraph 2 GG). Press offenses denote the circumstances in which the boundary of lawful reporting is exceeded.
Distinction from Other Forms of Violation
A press offense differs from a simple press law violation in that there is a legally regulated wrongdoing which is prosecuted and sanctioned by the courts. Compared to mere administrative offenses, special attention in the press sector is given to protected interests such as individual honor, data protection, or state secrecy.
Types of Press Offenses
Violation of Personal Rights
Press offenses are often committed in connection with violations of personal rights. The following types of offenses are particularly relevant here:
Insult (§ 185 StGB), defamation (§ 186 StGB), and slander (§ 187 StGB)
The unlawful publication of content that harms a person’s honor constitutes a central form of press offense. If facts or opinions are disseminated in the press that fulfill the elements of insult, defamation, or slander, a press offense is usually to be assumed.
Violation of highly personal spheres of life (§ 201a StGB)
Public display of images that belong to the highly personal sphere of an individual may also constitute a press offense. The same applies to recordings made and distributed without the consent of the person concerned.
Violation of the right to one’s own image (§§ 22, 23 Copyright Act for Works of Art)
Publishing photographs without the consent of the depicted person may, under certain circumstances, constitute a press offense under the Copyright Act for Works of Art (KUG), which regulates the right to one’s own image.
Violation of Data Protection Law
Press publications may unlawfully disclose personal data. Here, violations of the General Data Protection Regulation (GDPR) are particularly relevant. Publishing sensitive or criminally relevant data without a legal basis can constitute a data protection violation and hence a press offense.
Violation of Copyright
The publication of copyright-protected works without the rights holder’s consent infringes copyright law. For example, unauthorized dissemination of texts, photographs, or other works constitutes a copyright-related press offense.
Protection of Business and State Secrets
The Criminal Code provides with § 203 StGB (violation of private secrets) and §§ 93 ff. StGB (treason, endangerment of state secrets) for specially protected confidentiality interests. If such secrets are unlawfully made public through the press, this can, in addition to other legal violations, constitute a press offense.
Youth Protection and Media Legislation
Press offenses also encompass the dissemination of media harmful to minors (§ 184 StGB) and content that violates the Interstate Treaty on the Protection of Minors in the Media (JMStV) or criminal provisions of the law for the protection of minors from harmful media.
Criminal and Regulatory Penalties for Press Offenses
Criminal Consequences
In criminal law, press offenses are generally subject to the general criminal provisions as applied to press products. The principles of perpetrator and participant liability apply accordingly. The public prosecutor’s office is typically responsible for prosecution. Provisions on press law co-responsibility, such as those found in the state press laws, can extend the liability of publishers, editors, or printers.
Administrative Offenses and Civil Law Claims
In addition to criminal consequences, administrative fines or claims for injunctive relief may also arise. Persons harmed by press offenses may assert civil claims for injunction, damages, or retraction of false information.
Liability under State Press Laws
The state press laws of the German federal states determine who is legally and criminally liable in the case of a press offense. These are typically:
- The author of the article
- The responsible editor in accordance with the imprint obligation
- The publisher and/or editor
- In individual cases, the printer
The specific liability provisions are determined by the respective state law.
Particularities in Criminal Press Proceedings
Special rules may apply in the prosecution of press offenses:
- The prohibition of confiscation of printed works under § 97 StPO provides special protection for press freedom.
- Press activity is granted particular privileges during investigations through basic source protection and the right to refuse testimony, see § 53 StPO.
Distinction from Other Communication Offenses
Not every violation in the field of media communication automatically constitutes a press offense. Other regulations may apply to purely online communication, broadcasting, film, or social networks, for example from the Telemedia Act (TMG), the Interstate Media Treaty, or special legal provisions outside of press law.
Historical Development and Current Challenges
Due to digitization and the shift of press reporting to the internet, the legal standards for press offenses have become increasingly complex. Issues of responsibility, liability, and legal enforcement arise particularly in cross-border reporting and online publications with international relevance.
Summary
Press offenses denote unlawful acts in connection with press publications and are subject to a differentiated interplay of fundamental rights, criminal laws, and civil law norms. They represent the intersection between press freedom and its legal limitations. The precise legal assessment depends on the offense, medium, individual interest, and the specific provisions of German press law. Ongoing digitization and the global dissemination of press products present new challenges for the application of the law regarding press offenses.
Frequently Asked Questions
What are the legal consequences of a press offense?
A press offense can entail various criminal or civil law consequences under German law, depending on the severity and nature of the act. If, for example, an insult (§ 185 StGB), defamation (§ 186 StGB), or slander (§ 187 StGB) is committed through the press, fines or imprisonment are possible, with § 193 StGB in particular regulating privileged protection for journalistic criticism. In addition, the Criminal Code (StGB) is relevant for the publication of content dangerous to the state (e.g. §§ 94ff. StGB – treason). In civil law, especially claims for injunction, retraction, counterstatement, and damages are possible. If publications violate the general right of personality (Art. 2 para. 1 GG in conjunction with Art. 1 para. 1 GG) or infringe copyright (UrhG), those affected may take civil action, for example by means of interim injunctions. In addition, press law in various federal states provides procedural rules and special rights to information.
Who is legally liable for press offenses – authors, publishers, or the medium?
Liability for press offenses is distributed case-by-case and according to the type of offense among several parties. In principle, the immediate authors of the unlawful content, i.e., the authors or responsible editors, are first liable. According to § 7 of the State Press Act (see, for example, the State Press Act NRW), the so-called ‘responsible person’ (usually the editor-in-chief or publisher) is also to be held accountable, provided the publication took place within their duties. Legal entities or companies, i.e., the media companies themselves (for example, newspaper publishers), are likewise liable as ‘disturbers’ under civil law (§ 1004 BGB analogously) and as operators of the publication. In the area of internet publications, the application of the Telemedia Act (TMG) may additionally apply, which contains special responsibilities for operators and host providers.
What statutes of limitations apply to press offenses?
Press offenses are subject to different statutes of limitations depending on the type of claim. In criminal law, general periods pursuant to § 78 StGB apply—the length of the statute of limitations depends on the severity of the threatened punishment, for example, three years for insult. In civil law, §§ 195, 199 BGB typically apply: claims for damages and injunctive relief become time-barred three years after knowledge of the claim and debtor. Press law claims such as counterstatement and retraction, however, are often subject to much shorter exclusion periods regulated by the state press laws, frequently only a few weeks after publication or knowledge.
How are press offenses prosecuted legally?
The prosecution of press offenses can be initiated either by private individuals (private prosecution or civil lawsuit) or ex officio by state investigative authorities, depending on the type of violation. Criminal offenses usually require the injured party to file a criminal complaint, except in the case of official offenses. The public prosecutor examines whether there is initial suspicion, initiates investigations, and decides on bringing charges. Civil claims are enforced in court through lawsuits before the civil courts. Frequently, an out-of-court notice, deletion, or injunction against the article is first demanded. In urgent cases, a preliminary injunction can be requested.
Are there exceptions to criminal protection, for example due to press freedom?
Freedom of the press under Art. 5 para. 1 GG is of great importance and applies in press law as a restriction on the application of general laws. However, press freedom is not absolute. It is limited where it conflicts with other legal interests—such as general personal rights, protection of minors, or public security. In principle, where there is a legitimate public interest in information, there is a heightened level of protection for press products, as seen, for example, in the privileged position of § 193 StGB regarding value judgments. Nevertheless, journalists and media providers are subject to general laws and may be liable when they exceed the legally permissible boundaries for press offenses.
What role do counterstatements and retractions play in press offenses?
In press-related legal violations, counterstatements and retractions play decisive roles, especially in the protection of personal rights. The right of counterstatement is governed by press laws of the federal states and grants affected parties the right to have their reply published in the same publication if their rights have been violated by factual statements. The right to a counterstatement is independent of the truth of the original claim and subject to strict deadlines and formal requirements. Retraction, on the other hand, requires that the original statements were demonstrably untrue and that there is a significant rehabilitation interest on the part of the affected person. Both instruments serve post-publication correction and mitigation of non-material damages and are available alongside other claims such as damages and injunctive relief.
Can a press offense be treated differently online than in print media?
Legally, publications on the internet are generally treated the same as those in print media in terms of criminal offenses or civil law claims; however, there are special aspects under the Telemedia Act (TMG) and in international press law. Liability issues can be more complex, particularly concerning host and content providers (see §§ 7 ff. TMG). Due to the worldwide accessibility, international jurisdictions and legal systems may also be relevant. Deletion claims (the ‘right to be forgotten’) and court orders may also be less effectively enforced online than in the traditional print media sector.
What must be especially considered when reporting on crimes and suspects?
When the press reports on crimes or suspects, strict legal requirements to protect personal rights, the presumption of innocence, and, if applicable, victims’ rights must be observed. The naming or pictorial depiction of suspects is usually only permissible as an exception and when there is an overriding public interest. Relevant are § 12 StGB (presumption of innocence), Arts. 1 and 2 GG (human dignity, personal rights), as well as the press law obligation to report truthfully and conduct careful research. Incorrect, prejudicial, or stigmatizing reporting can trigger significant claims for injunctions and damages. Journalists are obligated to maintain editorial diligence (press code) and must also ensure correction or removal of content after investigations are discontinued.
