- Deadline: October 16 and 18, 2024, negotiations start at 9:30 a.m
- Ort: Berlin Regional Court I – Room 820, 3rd floor, Turmstrasse 91, 10559 Berlin
- Was: Main hearing against Arne Semsrott
- Wer: Arne Semsrott, defense lawyer Dr. Lukas Theune, lawyers Hannah Vos (FragDenStaat) and lawyer Benjamin Lück (Society for Freedom Rights) are available for interviews on site
Berlin, October 10, 2024 – Because he published court orders on searches of members of the “Last Generation”, Arne Semsrott, editor-in-chief of the transparency and research platform FragDenStaat, has to answer before the Berlin Regional Court I on October 16th. The Society for Freedom Rights (GFF) is supporting him in the process.
With his Publications Arne Semsrott may have violated Section 353d No. 3 of the Criminal Code. The paragraph prohibits quoting verbatim from official documents from ongoing criminal proceedings. Semsrott consciously took the risk of indictment in order to show that the paragraph is unconstitutional, restricts freedom of the press and must therefore be deleted from the criminal code. If convicted, Semsrott faces a fine or a prison sentence of up to one year.
“Absolute publication bans, such as that in Section 353d, violate freedom of the press. Even individual quotes from criminal files can end in criminal proceedings against the journalists. “It breathes the spirit of the day before yesterday,” criticizes Benjamin Lück, lawyer at the GFF.
The criminal law is actually intended to ensure that those involved in the proceedings, such as witnesses, remain unbiased and that personal rights are protected. But: With the publication ban, the legislature is restricting the constitutionally protected freedom of the press across the board, without courts having to determine whether in individual cases there is any risk of impairing the impartiality of those involved in the proceedings or whether they can weigh up personal rights against the public interest in reporting. The paragraph thus repeatedly prevents the media from reporting on ongoing criminal proceedings and thus hinders the formation of public opinion. In this specific case, Semsrott published on August 23, 2023 as part of his reporting three resolutions on searches and wiretapping of a press telephone in connection with the “Last Generation” on FragDenStaat.de.
“Section 353d is unconstitutional. The publication ban restricts the free press. It cannot be right for journalists who work based on facts to be prosecuted for this. Press associations have been campaigning for the abolition of the paragraph for many years. If politicians don’t act, the Federal Constitutional Court will have to take action if necessary,” comments the defendant, Arne Semsrott.
If you plan to be there, please contact us in advance. If necessary, the room will change again at short notice.
Joint press release, we apologize for any duplicate mailings
Further information about the criminal proceedings against Arne Semsrott and the support provided by the GFF can be found here:
“Why the publication of court documents should not be punished”: LTO/Benjamin Lück
If you have any questions, please contact:
Society for Civil Rights
Janina Zillekens-McFadden
[email protected], Tel. 030/549 08 10 55
FragDenStaat
Michelle Trimborn
[email protected], Tel.: 01577/57 23 737
Die Society for Civil Rights eV (GFF) is a donation-financed organization that defends basic and human rights through legal means. The association promotes democracy and civil society, protects against disproportionate surveillance and digital surveillance and advocates for equal rights and social participation for all people. To this end, the GFF conducts strategic legal proceedings, takes action against laws that violate fundamental rights with constitutional complaints and contributes its legal expertise to social debates. The non-profit association based in Berlin was founded in 2015 and is financed primarily through individual donations and the contributions of its supporting members.
Fighting since 2011 FragDenStaat for freedom of information in Germany. The basis is the transparency and research platform FragDenStaat.dewith which the project provides a technical infrastructure. Users are enabled to make requests in order to easily exercise their right to information. With its own journalistic research, campaigns and lawsuits, FragDenStaat enforces the right to information and shows which improvements to the legal situation are necessary for an open democracy. The project is part of the Open Knowledge Foundation Deutschland e.V. and financed by donations.
