Former “Bild” editor-in-chief Julian Reichelt has won a case against the German government at the Federal Constitutional Court. The Ministry for Economic Cooperation and Development sought to prohibit Reichelt from making a statement. The court ruled that Reichelt’s criticism of the government regarding development aid payments should not be easily banned. The state must also tolerate polemical criticism.
In a dispute over criticism of the government, Julian Reichelt filed a constitutional complaint with the Federal Constitutional Court. Reichelt challenged a temporary injunction by the Berlin Regional Court that prohibited him from making a critical statement about the federal government. The Constitutional Court in Karlsruhe stated that the decision of the Berlin Regional Court violated Reichelt’s right to freedom of expression. The state must be able to tolerate sharp and polemical criticism. The case has been referred back to the Berlin Regional Court for further proceedings.
Reichelt had written in August 2023 on an online platform that Germany had paid 370 million euros in development aid to the Taliban in the last two years. The Ministry for Economic Cooperation and Development filed for a temporary injunction in response to Reichelt’s statement. The Berlin Regional Court then prohibited Reichelt, who now works for the portal “Nius,” from spreading or publishing the statement. The ministry clarified that the implementation of development projects in Afghanistan is carried out through international organizations and NGOs, not directly to the Taliban regime.
The ministry argued that Reichelt’s statement was an untrue factual claim that could undermine the public’s trust in the government. The average reader could interpret the statement as direct financial support from the government to the Taliban. According to the ministry, development aid in Afghanistan is channeled through the World Bank, UN organizations, and NGOs, and no financial support is given to the Taliban regime. The court’s decision to prevent Reichelt from making this statement was seen as an infringement on his right to freedom of expression.
The Federal Constitutional Court’s ruling in favor of Julian Reichelt sets an important precedent for the protection of freedom of speech and the press in Germany. The decision emphasizes the importance of allowing critical and polemical opinions about the government, even if they may be controversial or disputed. Reichelt’s case highlights the ongoing debate about the boundaries of freedom of expression, especially in relation to public figures and governmental institutions. The court’s decision to overturn the injunction against Reichelt’s criticism is a significant victory for journalism and free speech in the country.
