Court: The beekeeper’s action contributed to public discourse on the topic
The 4th Civil Senate of the Higher Regional Court considered the advertising campaign, like the District Court before it, to be a “event of contemporary history” and simultaneously attested it with a satirical character. Additionally, a need for information had been satisfied. The presiding judge Markus Schlüter stated that the beekeeper’s action had led to a broader discussion on the topic – including the question of how advertising is permitted and how journalism can be shaped in relation to satire. He also pointed out that Böhmermann had used a photo of Heinzig in his show. “He must have the opportunity to respond.”
Heinzig, as the owner of the company MyHoney, accepted the decision with satisfaction and a smile. “The ball is now in Mr. Böhmermann’s court,” he told MDR SACHSEN. “I am not a troublemaker; I have never been one. I would even suggest that we bury the hatchet.” At the same time, Heinzig invited Böhmermann once again to visit his beekeeping operation so that he could see his work for himself.
I am not a troublemaker; I have never been one. I would even suggest that we bury the hatchet.
Heinzig is now allowed to continue advertising his honey using the photo and name of Jan Böhmermann. He intends to offer the disputed honey again in his online shop.
What legal options does Böhmermann still have?
If Böhmermann disagrees with the decision and wishes to continue fighting in court, there are two possible paths. An appeal against the decision of the Higher Regional Court in summary proceedings is no longer available. However, Böhmermann could now initiate a main proceedings at the District Court of Dresden and, if necessary, approach the Higher Regional Court and the Federal Court of Justice later on. The established dispute value of now 25,000 euros allows for this. It would also be possible to take the case directly to the Federal Constitutional Court in Karlsruhe.
The background of the dispute between Böhmermann and the beekeeper
The dispute was triggered by Böhmermann’s magazine show in November 2023, in which he criticized the company of the Meissen beekeeper Rico Heinzig, named Myhoney Organic Beekeeping, both verbally and visually, accusing it of a supposed commitment to sustainability and species protection. He stated: “So, even if it looks like nature conservation and is meant to look like that, this whole honeybee settlement is nothing more than ‘beewashing’.” It is about advertising, money, and business.
Heinzig, the owner, did not want to let this “beewashing accusation” go unchallenged and subsequently sold “Böhmermann Honey.” In the first court hearing, he stated that he had printed four posters and set up a stand with 150 jars of honey in a Dresden Edeka market. He had Böhmermann recommend a “Beewashing Honey” on the poster, calling him a “leading bee and beetle expert.” “Beewashing” is a play on words combining greenwashing and the English word for bees.
Each jar had a QR code that interested parties could use to access a YouTube channel where they could learn the beekeeper’s perspective on Böhmermann’s accusations. In court, Heinzig stated that initially only eight jars were sold in the supermarket, which he described as “less successful.”