The Mitteldeutscher Rundfunk (MDR) must broadcast an election advert by the satirical party “Die Partei” entitled “Die Machtergreifung” on the radio. This was decided by the Saxon Higher Administrative Court (OVG) in Bautzen on Wednesday. The court rejected a complaint by the broadcaster against a ruling by the Leipzig Administrative Court on Tuesday as unfounded.
Incitement to commit crimes?
The MDR initially tried to argue before the administrative court and later before the OVG that the spot in question encouraged or at least condoned criminal acts. The broadcaster refused to broadcast it on this basis. The party filed a lawsuit against the spot.
The Leipzig Administrative Court announced on Tuesday that the content was not obviously criminal. The Higher Administrative Court then confirmed the satirical nature of the ad in its decision on Wednesday. “For an unbiased listener, the satirical nature is obvious when hearing the first sentences of the dialogue and is confirmed when it is resolved by the sober, factual final sentence,” the court said in its statement.
MDR: Shooting people is not a means of political conflict
The legal director of the MDR, Ole Schröder, said on Wednesday afternoon that the decision of the Higher Administrative Court would be adhered to. “For us, however, the core question is: can a party use election advertising to suggest that shooting people who have voted for another party is a legitimate means of political debate?” The MDR is of the clear opinion that this is not the case. “That is why we have refused to broadcast the advert,” said Schröder.
