Germany: Threat of legal action in relation to German privacy law against Beate Josefine Luber is in violation of freedom of the press

July 23, 2020, Weiden, Germany -- Freelance journalist Beate Josefine Luber was covering and filming a demonstration in Weiden on July 17, which was organised to oppose the government's response to the COVID-19 pandemic when her work was hindered and she was pushed by protestors who attempted to prevent her from filming the demonstration.

In the wake of the protests, upon an appeal by the demonstrators, the city councilor issued a close-up ban, which is not lawful. Beate was hence pushed and shoved by security guards along with being threatened with legal action. Law enforcement on the ground tried to prevent her from filming and even gave her an - also illegal - reprimand. Without observing the distance rules, they stood in Beate’s face and covered her camera with their hands while the demonstrators chanted for her getting thrown out.  

The attempts of demonstrators to suppress the press work of a freelance journalist with the support of the city administration and police are downright scandalous. Beate was physically and psychologically challenged during the demo as a journalist which she calls a severe attack on freedom of the press. Unfortunately such excess violence against rapporteurs during demos against the Covid-19 measures are apparently no longer a rarity. 

The city councillor Sonja Schuhcmacher who according to Beate should also be held accountable for allowing the violence, gave an interview to Onetz.de during which she condemns the physical attack towards the journalist, but she called the action “not so wild: there are no bruises!”. The city also rejected  the impression that it was involved in the attempt to suppress press work.

When asked about the illegal reprimand of Beate and threats of civil law suit, the councillor claimed that “a press card is not a free pass to photograph people” and that “Beate was interpreted as aggressive by demonstrators”. 

However, according to German Art and Copyright Act, “in certain cases, an image may be published without consent. No consent is required if, for example, the person attended a demonstration, public meeting or event. The regulation is particularly important for demonstrations. The involved and recognizable people do not have to be mere accessories, but they can only be shown as part of the process and not highlighted or portrayed.”

Freedom of assembly, expression and the press are important fundamental rights. As such, they are not only protected and observed by the Federal Republic of Germany, but should also be adhered by the city administration as another branch of the executive branch. The Coalition For Women In Journalism calls upon the administrative authorities to uphold laws and respect freedom of the press.