Am On Thursday afternoon, the verdict was reached on the lawsuit brought by the satirist and ZDF presenter Jan Böhmermann against the company of a beekeeper from Meißen: his application for an interim injunction due to violation of personal rights was rejected by the judge. The judge largely followed the defendant beekeeper’s argument. Accordingly, the beekeeper’s advertising campaign was recognizable as satire. She did not violate the television presenter’s personal rights. In addition, it should be clear to the general public that TV presenter Jan Böhmermann is not a “leading bee and beetle expert”, as was printed on a beekeeper’s advertising poster.
Böhmermann saw his personal rights violated because the organic beekeeper Rico Heinzig from Meißen used his picture and name to advertise a honey that he sold in a food market in Dresden. The moderator accused the beekeeper of commercialism. He, in turn, saw his action as satire and covered by artistic freedom.
Böhmermann is in vocation go
If the verdict becomes final, Böhmermann will bear the costs of the proceedings, according to the Dresden Regional Court. The dispute is expected to continue in the next instance at the Dresden Higher Regional Court. Lawyer Torben Düsing, who legally represents the moderator, answered a query from MDR SACHSEN as follows: “The illegal offer of goods for the purpose of maximizing entrepreneurial profits is not satire. In the case of ‘Satire against Business’, the satire is of course being appealed.”
Beekeeper Rico Heinzig already assumed this before the day of the trial: “So far, Mr. Böhmermann has never backed down,” he said. The beekeeper was not personally present in court on Thursday, Böhmermann was also absent, as were the two’s lawyers.
Beekeeper lawyer wants fundamental decision
Heinzig wanted a fundamental decision for those affected by satire. The format of the ZDF program is called investigation satire and is “almost unassailable” due to this mixed form, said the beekeeper’s lawyer, justifying his rejection of the agreement proposal at the conciliation hearing. If necessary, he would like to have it clarified in further instances whether his client’s attempt to rehabilitate himself through a “satirical advertising counterattack” is “permissible and what the limits are.” This is “a very exciting question that the BGH has not yet answered”.
Beekeeper wants to have legal norms defined
Before the announcement date, Rico Heinzig told MDR SACHSEN: “Everything is possible! Of course I hope that the court will agree with our position, but that is not certain.” No court has yet decided that someone would satirically parry a satirical article in front of an audience of millions in connection with product advertising and then be accused of violating personal rights. “That’s precisely why this case seems so explosive, because a decision would define a legal norm for possible future conflicts of other people affected,” explained Heinze.
Of course I hope that the court will agree with our position, but that is not certain.
Beekeeper sued by Rico Heinzig von Böhmermann
That’s what it’s about: satire, artistic freedom, personal rights
In the first round before the regional court, judge Heike Kremz said about the broadcast excerpt: “It was described in a relatively negative way, that these start-up companies were accused of only making money from it.” In addition, beekeeper Heinzig was not asked whether he wanted to appear on the TV show, nor was he given the opportunity to comment. “That was satire,” said Böhmermann’s lawyer Torben Düsing from Düsseldorf, defending the TV satirist.
Arguments of the defendant beekeeper
Lawyer Markus Hoffmann also sees the organic beekeeper’s action as satire and a violation of the beekeeper’s personal rights. His client happened to hear about the allegations on TV from a customer. “I was really shocked that I was suddenly in the public spotlight without warning.” The father and boss of three employees wanted to “defend himself somehow” against the attack.
I was really shocked that I was suddenly in the public spotlight without warning.
Rico Heinzig beekeeper and entrepreneur
He had four posters printed. Böhmermann then recommended a “Beewashing Honey” and was named a “leading bee and beetle expert.” Heinzig set up a stand with 150 jars of honey in an Edeka in Dresden (of which, according to the beekeeper’s statement in court, eight jars were sold in the first few weeks). There is a QR code stuck on each glass, which anyone interested can use to find out the beekeeper’s perspective on Böhmermann’s comments on a specially set up YouTube channel.