Media law

We advise and represent you in particular in the effective enforcement of or defense against claims in media and press law, in particular due to defamatory publications.

It is no longer just about publications in traditional media such as newspapers or magazines. Especially in social networks such as Facebook, online media such as blogs or rating platforms, there are often publications that violate personal rights. These often do not have to be accepted.

Protection of corporate personality rights

A central focus of our work in media and press law is the protection of your company. This includes in particular corporate personality law. The right of personality of a legal entity is, like the general right of personality of a natural person, a highly protectable position.

False claims about your company can cause considerable damage. Talk to our lawyers to ensure a quick and legally secure procedure.

Journalistic duty of care in media law and press law

The limits of permissible reporting lie where the rights of third parties are unlawfully infringed. Compliance with journalistic due diligence is therefore a key issue for every publication.

The mere mention of a name or the creation of a certain impression may constitute an unlawful infringement of personal rights. It is also sufficient if a picture report together with the text creates a false impression or if the unlawful publication results precisely from the interplay of picture and text.

When publishing press releases or reports that make reference to persons or companies, you should not hesitate to have the texts checked by us in advance for possible legal violations. Such a check could certainly have prevented many a shitstorm in advance.

Liability for online publications

In principle, the respective author or editor is responsible for his or her contribution. This applies to traditional print media as well as online. In the case of digital media, however, so-called distributor liability, i.e. liability for the distribution of third-party content, is becoming increasingly important.

In addition to civil law consequences, there may also be criminal liability. Therefore, do not hesitate to contact an experienced lawyer directly if you have any problems.

Enforcement and defense of claims in media law

In view of the considerable broad impact of publications on the Internet, you should react quickly to infringing publications.

We are there for you, especially in the event of claims for injunctive relief, counterstatement, rectification, damages and monetary compensation. You can rely on our lawyers for comprehensive advice on media and press law.

Our law firm is located at Kaiserstrasse 1a in Bonn. We represent individuals affected by news coverage as well as newsrooms, publishers, and companies, both in Bonn and nationwide. Because in press law, there are often only a few days before a request for a preliminary injunction loses its urgency, you can reach us at short notice at +49 228 387 560 200.

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Frequently Asked Questions About Media Law

Can my name be used in reports about me?

This depends on a balancing of your right to privacy against freedom of speech and freedom of the press, with the news value of the report and your role in the reported incident being the deciding factors. Reports based solely on suspicion may only be published if there is a minimum amount of factual evidence, the presentation is balanced, and you have been given the opportunity to comment beforehand.

When can a photo of me be published?

In principle, only with your consent, § 22 KUG. Without consent, the exceptions under § 23 KUG may apply, such as images related to contemporary history or photographs in which individuals appear only as incidental figures. Even then, a balancing of interests is required, so that publication may be prohibited if the legitimate interests of the person depicted take precedence.

What is the point of a counterstatement?

It compels the media outlet to publish your viewpoint in a comparable section, without determining who is correct. It applies only to assertions of fact, not to opinions, and is subject to strict formal requirements governed by the respective state press law. The deadlines are short, which is why the request should be submitted immediately.

Do I have to accept a false statement if it is presented as an opinion?

The decisive factor is whether the core of the statement is verifiable; thus, the fact that it is presented as an opinion alone is not decisive. Allegations of fact may be prohibited if they are untrue; expressions of opinion are largely protected and are only vulnerable to challenge in cases of defamatory criticism or formal insults. Often, statements are of a mixed nature, so the interpretation depends on the overall context.

Can I have a negative review removed from the Internet?

If it contains false information or if no actual business relationship existed, there is a good chance of success. The platform must review the matter following a specific complaint and ask the reviewer to respond; if no evidence is provided, the review must be removed. On the other hand, you generally have to accept criticism that is merely harshly worded but factually accurate.

How quickly do I need to take action against a publication?

Promptly, if you wish to pursue the route of a preliminary injunction. The courts require a showing of urgency and will accept it if only a short period of time has elapsed between becoming aware of the issue and filing the application; higher courts apply the time limit differently, often within the range of one month. The right to injunctive relief itself remains in effect and can also be pursued in the main proceedings.