Following the Federal Court of Justice’s ruling on the reporting of Michael Schumacher’s state of health, it is not only “Super Illu” that must pay compensation, but also “Bunte”.
This was ruled by the Hamburg Regional Court on May 5, 2017 (Ref.: 324 O 189/16).
The compensation in the amount of 50,000 euros is based on a serious violation of Schumacher’s general right of personality.
Reporting by “Bunte” on Schumacher’s state of health
The family of the seven-time Formula 1 world champion took legal action against the reporting in the magazine “Bunte” on December 22, 2015 and demanded compensation in the amount of 100,000 euros.
With the headline “It’s more than a Christmas miracle – Michael Schumacher can walk again“, the magazine reported on Schumacher’s state of health.
Schumacher’s claim for compensation against Bunte
The court considered the headline to be untrue and therefore a violation of general personal rights.
This is because Schumacher cannot walk today, which is why it is very unlikely that he was able to walk at the time of the reporting.
The serious violation of the general right of personality justifies a claim for monetary compensation in the amount of 50,000 euros, §§ 823 para.
1 and 2 BGB in conjunction with. Art. 2 para.
1, Art. 1 para.
1 GG.
Reporting on the basis of poor information
The informants of the magazine “Bunte” provided the reporter with only scant information.
On the basis of this information, the regional court held that it could not have been assumed that Schumacher would be able to walk again.
Reduction in compensation due to searches carried out
The court positively acknowledged the fact that research had been carried out by “Bunte” and that there had demonstrably been an informant.
Otherwise, the compensation might have been even higher.
Nevertheless, it would have been possible for the magazine to ask Schumacher’s press spokesperson about the truth of the informant’s information.
The mere fact that she has not yet provided any information about her state of health is no reason not to ask her.
However, the LG Hamburg justified the particularly serious violation of the right of personality by the fact that “Bunte” advertised its Christmas edition well with the headline – including in the Bild newspaper.
As a result, the headline not only reached typical readers of “Bunte” but also a large number of other people.