A serious defeat awaits ZDF and TV presenter Jan Böhmermann: On Thursday, the press room of the Munich regional court was right on five key points in the preliminary judgment on the lawsuit of the former President of the Federal Office for Information Security, Arne Schönbohm rendered.
Therefore, it all comes down to the fact that the controversial ZDF news anchor Neo Royale spread false news in his report in October 2022 about Schönbohm’s closeness to the Russian secret service. The court confirmed that the rumors of the former BSI boss’s closeness to the secret service agents through the cybersecurity association were untrue.
In its initial judgment, the press chamber also followed up on further requests for damages. For example, the presiding judge criticized Böhmerman’s comments that Schönbohm posed a risk to cybersecurity in the country. Schönbohm has sued the public broadcaster for 100,000 euros in damages for the false news.
After the Neo Royal broadcast, a manhunt for the head of cyber defense begins.
Because after the Neo Royal broadcast, a real hunt for the cyber defense chief began. Federal Interior Minister Nancy Faden (SPD) dismissed the CDU party member. Reason: Trust in Schönbohm was destroyed by Böhmermann’s contribution.
A disciplinary investigation carried out by the Federal Office for the Protection of the Constitution, among others, lasted six months before it became clear that the allegations of closeness to Russia were untrue.
At this stage, Minister Faeser had long since transferred the unpopular BSI President to the Academy of Public Administration as punishment. A senior minister sent an email: With his replacement, the goal has been achieved. Meaning: Böhmerman’s fake farce was a means to an end.
The Federal Ministry of the Interior banned Schönbohm from commenting publicly on the allegations.
During the investigation phase, the Federal Ministry of the Interior forbade Schönbohm from commenting publicly on the false allegations. Therefore, according to his own statement, he had to wait until the pre-disciplinary examination against him was completed and the results were negative. Only then could the man in his mid-fifties sue his opponents. First, his employer Nancy Faeser before the Cologne Administrative Court for breach of duty of care. Also ZDF for false reporting.
The appointment in room 106 of the Munich Palace of Justice began promptly at 1 p.m. First of all, the ZDF lawyer explained that Böhmermann’s editorial team had done their research properly. Schönbohm was also never accused of being close to the Russian secret service.
The longer the explanation, the more skewed the line of defense. Schönbohm’s media lawyer, Markus Hennig, countered by pointing out that the other party seemed to be giving a false presentation. “Everyone in Germany sees that my client is suspected of being close to the Russian secret service.”
His colleague followed up: “A few days later, ZDF reported that Mr. Schönbohm had come under fire for his contacts with Russia.” This was the result of false accusations in the ZDF magazine Neo Royale. The jury agreed with that assessment.
The Press Chamber said the disputed amount was 205,000 euros.
The press chamber names the value of the dispute at 205,000 euros. The judge wants to give a verdict by November 28. If ZDF loses, the station will incur high costs. The six-figure compensation claim is still pending. ZDF’s lawyers have warned against fulfilling this request. Tenor: If the broadcaster has to pay this fine, press freedom will be threatened.
Schönbohm’s lawyers oppose this view: their client had to endure negative headlines for weeks – and eventually the sentence was moved. “And then the Interior Ministry didn’t even apologize when it became clear that there was no problem in the Russian relationship,” complains Hennig’s lawyer.
After a positive court hearing, the attorney was pleased with the initial outcome of the main oral hearing. “The appointment shows that poorly researched journalism will not be tolerated.”
Schönbohm to FOCUS online: “I’m happy with how things are going”
Schönbohm himself expressed his objections to FOCUS online: “I am happy with how things are going. Now let us humbly await the judge’s decision.”
Today’s court date proves one thing in particular: In June 2023, ZDF director Norbert Himmler, according to FOCUS online information, had already answered the critics in the Böhmermann/Schönbohm affair: that everything had been properly investigated.
The decision to take Schönbohm’s leave “was made exclusively by the Federal Ministry of the Interior; the result of a disciplinary process – even if based on the programme’s research or initiated by its broadcast. This “has no bearing on the legitimacy of the criticism presented in the programme, including criticism of Schönbohm as a person.”
However, the judges in Munich see the situation differently. It will be interesting to see how ZDF reacts now. The lawyers have issued a new statement.
If the court agrees with Schönbohm on most points, the next lawsuit will be filed: Then TV presenter Böhmermann and his editorial team will have to answer directly in court.
