In a ruling dated May 17, 2017, the Hamburg Regional Court rejected the application for a temporary injunction by the AfD’s leading candidate against NDR.
The satirical program “Extra 3” was allowed to refer to Weidel as a “Nazi bitch” during its broadcast.
The presenter’s statements in the programme were clearly recognizable as satire and therefore acceptable to Weidel.
“Nazi bitch” in response to Weidel’s comments
The subject of the controversial satirical programme from 27 April 2017 was the AfD party conference in Cologne.
Here, Weidel was elected as the lead candidate.
In her speech after the election, she clearly spoke out against political correctness.
“We must finally put an end to the fact that those who point out the abuses in our country are fought harder than the abuses themselves. And as democrats and patriots, we will not allow our mouths to be shut despite this. Because political correctness belongs on the garbage heap of history”
Extra 3 played a short video sequence with this quote as part of its program.
The presenter then commented with the words:
“Yes, that’s right, no more political correctness! Let’s all be incorrect, the Nazi bitch is right. Was that incorrect enough? I hope so!”
The term “Nazi bitch” is covered by freedom of expression as satire
In the opinion of Hamburg District Court, this statement was undoubtedly satire, which was covered by freedom of expression in the specific context of the statement.
In addition, Weidel was in the public eye as a top candidate and had to accept exaggerated criticism.
Freedom of expression takes precedence in the balancing of interests
The decision was based on a detailed balancing of freedom of expression and Weidel’s general right of personality.
In particular, the presentation and context of the statement had to be taken into account.
The court’s press release states: “An infringement can only be assumed if the statement exposed by the satirical disguise affects the dignity of the person concerned in its core area.”
“Nazi bitch” is also not an impermissible formal insult
According to the Hamburg judges, there was also no inadmissible formal insult.
This is because if the subject matter of the satire is a debate on the matter and the focus is not on the personal defamation of the person concerned, such a formal insult is ruled out.
Statement is typical exaggeration in the context of a satirical program
The terms “Nazi” and “bitch” refer in a clearly recognizable satirical way of exaggeration to Weidel’s current demands that political correctness belongs on the garbage heap of history.
The presenter’s choice of words was intended to show in a particularly sharp and direct way where the AfD politician’s demands could lead.
Furthermore, in the opinion of Hamburg District Court, it could be left aside that the term “slut” always has a sexual connotation.
It was not apparent to the viewer of the program in context that the term had no truthful content.
Rather, it was clear that the term “slut” was only chosen as a link to Weidel’s statement because she is a woman.
Decision not yet legally binding – appeal announced
The Hamburg Regional Court’s decision is not yet legally binding.
Weidel’s lawyer has announced that he will lodge an appeal against the rejection of her interim injunction.
The decision of the Hanseatic Higher Regional Court therefore remains to be seen.
[Update from June 14, 2017]
The appeal announced by Alice Seidel has now been withdrawn– presumably following a comment by the court.
Nevertheless, she still has the option of taking legal action in the main proceedings, even if this step is no longer expected.
After the Böhmermann case, everyone involved seems to have realized that sharp satire is perfectly permissible, because \“satire is allowed to do almost anything\“.