Radio Dreyeckland: Acquittal for link to linksunten.indymedia is legally binding

The criminal trial against the author of an online article for linking to the archive of the banned association "linksunten.indymedia" ended in June with an acquittal. Although the public prosecutor lodged an appeal, it was never substantiated. "In its decision of September 23, the Regional Court (Karlsruhe) therefore dismissed the appeal as inadmissible", says Radio Dreyeckland, on whose website the article appeared, celebrating a "victory for freedom of the press". Radio Dreyeckland is the oldest free radio station in Germany; it emerged from the anti-nuclear movement in the 1980s.

"I am glad that the acquittal has become legally binding. However, the fact that the public prosecutor's appeal was dismissed because the deadline for submitting reasons for the appeal was not met puts a final exclamation mark behind an overall irritating conduct of proceedings by the public prosecutor's office," defense lawyer Angela Furmaniak explains. Normally, public prosecutors either justify their appeals or withdraw them.

The legal dispute was triggered by an online article by Radio Dreyeckland (RDL) from Freiburg, which contained a link to the archive in question. Following the initiation of preliminary proceedings on suspicion of violating a ban on association (Section 85 of the German Criminal Code), raids were carried out at Radio Dreyeckland and in the private homes of employees on January 17, 2023. The Karlsruhe public prosecutor's office then brought charges against the author of the article, but initially failed before the regional court. However, the Stuttgart Higher Regional Court then allowed the charges to go ahead, which is why the journalist was brought to trial.

He is now "relieved that these proceedings are finally over, even if the uncertainty caused by the house search remains." Radio Dreyeckland is now demanding the rapid and transparent deletion of all data collected in this case, the destruction of all police "object files" on Radio Dreyeckland and political consequences of the public prosecutor's fight against fundamental rights.

The trial continues – for freedom of the press

However, the legally binding acquittal does not end the legal investigation into the matter. Although the searches at Radio Dreyeckland have already been declared unlawful, a final decision on the raid on the author of the article is still pending. The Gesellschaft für Freiheitsrechte (GFF) filed a constitutional complaint in December. "We're staying tuned: with the constitutional complaint we've already filed, we also want to have it clarified that the house search violated the freedom of the press and broadcasting," says David Werdermann, lawyer and project coordinator of the GFF.

The internet platform linksunten.indymedia was regarded by security authorities as the most influential medium of the extreme left-wing scene in Germany – and as a forum for violent autonomists. However, the proceedings did not lead to the website being banned, but those responsible for it were declared an association whose activities were then prohibited. Several people filed a lawsuit against this trick, but they denied the existence of an association. They therefore failed before the Federal Administrative Court on formal grounds in 2020: Only the association is "regularly authorized to challenge such a ban". And if association members deny that they form an association, they cannot challenge the ban on their (non-existent) association.

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