Baden-Württemberg Election: FDP Sues SWR Over Triell

FDP Files Lawsuit Over Planned German TV Debate Format

The Free Democratic Party (FDP) in Baden-Württemberg has launched legal action against Südwestrundfunk (SWR), the regional public broadcaster, over its planned televised debate format featuring the leading candidates from the Christian Democratic Union (CDU), the Green Party, and the Choice for germany (AfD). The party leadership authorized a law firm to file the lawsuit, according to a spokesperson for the FDP.

The FDP alleges that SWR is unfairly prioritizing the AfD and the two larger opposition parties, the FDP and the Social Democratic Party (SPD).The party is seeking either an invitation for the excluded opposition parties or the cancellation of the debate,scheduled for February 24th. Currently, the Baden-Württemberg state parliament consists of 18 FDP members, 19 SPD members, and 17 AfD members. Results from the 2021 election saw the FDP garner 10.5% of the vote, the SPD 11.0%, and the AfD 9.7%. however, recent polls indicate a notable shift in the political landscape, with the AfD now polling around 20%, while support for both the SPD and FDP has fallen to between 8-10% and approximately 5% respectively. This decline raises concerns about the FDP’s ability to retain portrayal in the state parliament.

Did you know? – German public broadcasters are legally obligated to provide fair and impartial coverage during election periods, but the definition of “fair” is frequently enough subject to legal interpretation and debate.

FDP state chairman Hans-Ulrich Rülke previously communicated his concerns to SWR director Kai Gniffke in late January. Rülke argued that the debate format violated the FDP’s rights and would only be permissible as an initial component of election coverage. He requested the broadcast be scheduled no later than February 8th, citing the proximity of the original date to the election on March 8th as problematic.

SWR maintains its broadcast concept and rejected the criticism, stating that after careful consideration, it would proceed as planned. The broadcaster asserted that broadcasting the format almost two weeks before the election provides a sufficient buffer. According to SWR, the program is designed to feature the top candidates from the state’s leading political forces. the broadcaster also announced a follow-up event, “The Electoral Arena,” on February 26th, which will include all parties with a realistic chance of entering the state parliament, including the FDP. Furthermore, SWR1 radio will host individual interviews with all leading candidates, providing additional opportunities for exposure.

Pro tip – German broadcasters often use a concept called “graduated equal opportunities” when covering elections, meaning they aren’t required to give all parties equal airtime, but must consider factors like current polling data.

SWR also affirmed its commitment to the principle of “graduated equal opportunities,” explaining that broadcasters are not obligated to allocate equal airtime to all parties. Instead, factors such as past election results and current parliamentary representation, and also pre-election opinion polls, can be considered.

Legal Precedent in German TV Debates

This dispute is not isolated. Legal challenges to televised debates before elections have become increasingly common in germany. While the constitution guarantees freedom of broadcasting,allowing broadcasters to independently determine debate formats,courts have intervened in cases were perceived bias could substantially impact election outcomes.In a separate case, an attempt by the FDP in Brandenburg to participate in a televised debate with Rundfunk Berlin-Brandenburg (RBB) in 2024 was unsuccessful. An administrative court ruled that the broadcaster was not legally required to include the FDP.

Reader question – Do you think broadcasters should prioritize current polling data when deciding who participates in televised debates, or should they focus more on historical representation?

What, Why, and How it Ended: The FDP filed a lawsuit against SWR (What) as they believed the broadcaster unfairly excluded them from a televised debate, prioritizing the AfD and larger parties (Why). SWR defended its decision, citing “graduated equal