Freedom of expression, safeguarded in the German constitution (the “Grundgesetz”), often conflicts with the interests of persons affected by the coverage, who then feel compelled to defend themselves against false, intrusive or slanderous accounts. This legal concern for an individual’s rights is described as “right of personality” or “right to privacy” (in German: “Allgemeines Persönlichkeitsrecht”). Even the publication of correct assertions may be unlawful, for example if such a publication presents an invasion of privacy of an individual.
Given certain requirements, the concerned individual or corporate entity may demand a cease-and-desist declaration, the publication of a counter-declaration or/and of a rectification. In addition, claiming monetary compensation and compensation for immaterial damage can be considered under certain circumstances.
On the other hand, the constitution calls for media companies to fulfil a substantial role in upholding public discourse. Our extensive experience in media and entertainment law enables us to offer qualified legal advice both to individuals subject to media coverage and publishers.




