No one should be exposed to false factual claims in media reporting.
This basic rule is not regulated by law, but is underpinned by the right to rectification derived from Sections 823 and 1004 of the German Civil Code, among other things.
In the case of expressions of opinion, the right to rectification does not apply in view of the broad freedom of opinion and freedom of the press.

Facts vs. facts: Equality of arms also for the right to rectification

If untrue facts are alleged, the claim for correction of the person concerned can be an opportunity for correction.
If the claim is successfully enforced, the correction must be printed by the original publishing medium.
In broadcasting, the correction is made by reading it out.

As with the right of reply, the principle of equality of arms applies.
The correction must be made in the same form and in the same place as the original publication.
If the contested report was printed prominently and highlighted, this must also be the case for the correction.

Infringement of goods protected by tort law

In contrast to the counterstatement claim, the claim for rectification and the similar claim for revocation require the violation of protected interests of the person concerned.
It is therefore not sufficient that someone is “only” affected by a published factual assertion.

This claim must also negatively affect the person concerned.
Otherwise, it will not be possible to enforce the claim.

Correction is a sharp sword

The severity of the right to rectification lies in the form of publication.
As a rule, a correction by the publishing medium must be published as a separate report.
The right to a counterstatement, on the other hand, is recognizably a statement by the person concerned.

The correction is therefore regularly understood by the recipient as an admission of guilt by the publishing medium, so that the satisfaction achieved by the person concerned is all the greater.

No interim legal protection for claims for rectification

In contrast to some other claims under press and commentary law, it is not possible to enforce a claim to rectification or, for example, a claim to revocation by way of interim legal protection.
The enforcement of the right to rectification and the right to retraction by way of interim legal protection is not possible.
Apart from special exceptional cases, the truth or falsity of a fact cannot be sufficiently established by means of interim legal protection, so that the courts reject this type of procedure.

In practice, it will be necessary to carefully weigh up which claim under press law and/or freedom of expression law one wishes to enforce.
The aspects of urgency, intensity and also the intensity of the affected party play a decisive role here.
We will be happy to assist you with the selection and enforcement. Simply contact us without obligation.