Anyone who is affected by media coverage in the press, on the internet or on the radio can respond to this.
According to the relevant press laws of the federal states¹, the Interstate Broadcasting Treaty (RStV) and the broadcasting regulations of the federal states² and the federal government³, the person affected has, among other things, a right of reply.

This right of reply is not only available to natural persons, but to “everyone” and therefore naturally also to companies.
However, there must be an individual relationship to the fact communicated.
It is not necessary to be mentioned by name.

Whether written or spoken, analog or digital: counterstatement is possible

At present, counterstatements are probably still most frequently enforced in the periodical press, although this can also be possible and useful in broadcasting – usually by reading out.

However, a claim for a counterstatement may also be enforceable on the internet.
This essentially depends on whether the provider reproduces journalistic-editorial content.
Most recently, the KG Berlin (decision of 04.10.2016, ref.: 27 O 513/16) ruled that a claim for a counterstatement can also apply to a private blog.

However, the assessment is not always easy to make.
Depending on the circumstances of the case – particularly in the case of unlawful statements – it may also make sense to “sidestep” the issue, e.g. by claiming an injunction against the statement in question.

Counterstatement claim: No negative impairment required

An essential prerequisite for the enforcement of a claim for a counterstatement is the existence of a factual allegation.
The claimant must be affected by this factual allegation, i.e. their sphere of interest must be affected.
However, it is not necessary for the claimant to be negatively affected.
This is a decisive difference to other claims under press or commentary law and makes the counterstatement a very “popular” reaction to media coverage.

Be careful with your choice of words!

In terms of content, the counterstatement is bound by strict rules.
Imprecise wording can quickly invalidate the claim.
It goes without saying that the counterstatement must not be untrue.

The principle of equality of arms also applies.
This means that only facts may be used in response to the challenged factual allegation.
A further expression of this equality of arms is the requirement that the counterstatement must have the same visual appearance.
The counterstatement to a report on the front page must therefore also appear there and may not, for example, be “hidden” in the advertising section or designed to be visually less conspicuous.

The counterstatement claim requires haste

A counterstatement only has a chance of success if it is forwarded to the party obliged to publish without delay.
Every day counts here, so that the person concerned – usually in their own interest – should react without culpable hesitation after becoming aware of the reporting.
Otherwise, there is a risk that the enforcement of the claim will fail.

If the claim for a counterstatement cannot be enforced out of court, it is generally possible and sensible to initiate summary proceedings to enforce the claim.

In addition to or instead of a claim for a counterstatement, it may also make sense to enforce claims for injunctive relief, rectification and/or compensation.
We will be happy to advise you on the right approach for you or your company in a joint discussion.

1

Baden-Württemberg, Bremen, Hamburg, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Schleswig Holstein and Thuringia § 11; Bavaria, Berlin, Hesse, Mecklenburg-Western Pomerania, Saarland, Saxony and Saxony-Anhalt § 10; Brandenburg § 12.

2

Baden-Württemberg § 9; Bavaria Art. 18; Bremen § 19; Hesse § 28; Mecklenburg-Western Pomerania § 30; Lower Saxony § 21; North Rhine-Westphalia § 44; Rhineland-Palatinate § eleven; Saarland § ten; Saxony § 19; Saxony Anhalt § 26; Thuringia § 24.

3

Deutsche Welle-Gesetz § 18; ARD-StV § 8; ZDF-StV § 9; Deutschlandradio-StV § 9; RBB-StV § 9; NDR-StV § 12; MDR-StV § 15; SWR-StV § 10; Gesetz über den Bayerischen Rundfunk Art. 17; Gesetz über den Hessischen Rundfunk § 3 i.V.m. § Section 10 Hess LPG; WDR Act Section 9; Radio Bremen Act Section 24; Saarland Media Act Section 10.

State Treaty on Cooperation between Berlin and Brandenburg in the Field of Broadcasting § 58; State Treaty on Media Law in Hamburg and Schleswig Holstein § 10.