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Justice under pressure: OVG decision endangers press freedom in SH!
The OVG Schleswig-Holstein decides that refusals to provide press information are considered an administrative act as far as press freedom is concerned.
Justice under pressure: OVG decision endangers press freedom in SH!
A supreme court decision is causing a stir in the media landscape: The Schleswig-Holstein Higher Administrative Court (OVG) has decided that the authorities' rejection of press law information is to be viewed as an administrative act. This means that journalists will no longer be able to sue directly against such decisions in the future. Instead, they have to go through an internal appeals process, which could potentially get in the way of passionate reporting. This reports LTO.
The decision contradicts previous practice and the opinion of the Federal Administrative Court. The background to the case was a request from the Bild newspaper about a sexual criminal investigation, which was rejected by the Flensburg public prosecutor's office. In response to this rejection, the Bild newspaper, represented by the law firm Partsch & Partner, sued the state of Schleswig-Holstein. But the OVG rejected the urgent application and made it clear that the correct legal action was an obligation action in the main proceedings.
In the focus of press freedom
This new regulation is seen as a potential threat to press freedom. “Journalists have so far been able to file a lawsuit directly if authorities do not answer inquiries,” emphasizes World. The OVG's decision restricts this direct access to justice, which makes it considerably more difficult to provide quick and timely reporting.
The objection procedure that is now necessary has no set maximum duration. This means that journalists can only file a complaint for failure to act after three months if there is no response. In addition, they must initiate an objection procedure against any refused or incorrect information. The pressure on the media is thus noticeably increased.
Impact on the media landscape
The effects of this decision could be far-reaching, not only in Schleswig-Holstein, but also in other federal states, as there is no uniform press law at the federal level. The OVG decision has also caused discussions in legal circles because it is viewed as dogmatically vulnerable and functionally incorrect. Critics fear that it endangers the timeliness of press work and makes it more difficult for journalists to obtain relevant information.
Although the decision restricts access to information for journalists, it is emphasized that there is still the possibility to apply for interim legal protection, provided that a public interest and a strong contemporary relevance can be demonstrated. However, the question remains as to how these new regulations will affect media reporting in the long term.