Link to linksunten.indymedia: Search of journalist's home was unconstitutional
Two and a half years ago, a raid on a radio station in Freiburg and its employees caused a stir. The action was unconstitutional.
(Image: C. Nass/Shutterstock.com)
The search of a journalist's private residence for linking to an archive of a banned association was unconstitutional and a violation of the broadcasting freedom protected by the Basic Law. This was decided by the Federal Constitutional Court, as the Society for Civil Rights (GFF), now made public, has announced. The GFF had filed the constitutional complaints for the affected editor from Freiburg. This marks the end of the legal proceedings concerning the much-criticized raids on Radio Dreyeckland, Germany's oldest independent radio station. Following the publication of an online article, not only its premises but also the author's private residence were searched.
Numerous defeats for the public prosecutor's office
The radio station's article linked to the archive of the banned association “linksunten.indymedia.” After initiating criminal proceedings on suspicion of violating a ban on association (Section 85 of the Criminal Code), there were searches on January 17, 2023, in the private residences of employees and freelance staff, as well as in the station's premises. The Karlsruhe public prosecutor's office then filed charges against the author of the article but failed to secure a conviction in the Regional Court. However, the public prosecutor's office did not give up, and only in June 2024 was the responsible editor acquitted. After an unjustified appeal, the acquittal became legally binding a year ago.
With the subsequent constitutional complaint, the GFF sought to clarify “that setting a link in the context of a press report cannot constitute a criminal act of support, and that the search of editorial offices and employees' residences, as well as the seizure of editorial data, violates press freedom.” The latter has now been achieved, Karlsruhe noted, among other things, that the “vague indications” for the raid were insufficient. Therefore, the court did not have to address the question whether the linking itself was prohibited; it was not ruled upon here. The affected editor feels vindicated and hopes that “police and public prosecutors will handle fundamental rights less carelessly.”
Videos by heise
The internet platform “linksunten.indymedia” was considered by security authorities to be the most influential medium of the far-left scene in Germany—and a forum for violent autonomists. However, it was not the website that was banned, but rather those responsible for it were declared an association and banned, and their activities were prohibited. Several individuals subsequently filed lawsuits against this maneuver, but they denied the existence of the association. Therefore, they failed in 2020 before the Federal Administrative Court for formal reasons, as “typically only the association” is entitled to challenge such a ban. Following the decision from Karlsruhe Radio, Dreyeckland demands “continued political and personnel consequences” for the authorities' actions.
(mho)
