Je kleiner, desto schwächer -- smaller, the weaker

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Press smaller, the weaker

The case of freelance journalists Hubert thought shows that in Germany freedom of the press is under pressure from Benno Stieber.

 

The Passau local reporter Hubert thinking is not Rudolf Augstein, the investigation by the publications in his magazine citizens views are not to be compared with the Spiegel affair. But Hubert thinking is an upright and serious journalist. In his regional magazine and a blog he writes what is. Yet without a huge publishing house and legal department in the back it can be quickly life threatening if they have to deal with the judiciary for freelance journalists as thought. His case shows a worrying trend: The balance of power between journalists and government transfers in Germany to the detriment of freedom of the press.

It all begins in 2010 when freelance journalist Hubert thinking reported on the trial of a medical practitioner, who is later convicted of fraud. The man had done business with the controversial laboratory doctor Bernd Schottdorf. Counter Schottdorf is determined for more than ten years repeatedly fraudulent bills to insurance companies. In his research of thinking learned from a party donation Schott village to the former Bavarian Prime Minister Edmund Stoiber. The donation was legal.

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Thinking tells it in his view citizens and also for other clients. The facts denies none, not even the donor. Nevertheless, Hubert thought is now covered with litigation for three and a half years. Only by Bernd Schottdorf who fights against the "appearance" in Denks reporting that he wanted to influence with the donation of the investigation against him at the highest level.

But the legal costs of this injunction could ruin thinking. Bernd Schottdorf is a multimillionaire, he can afford the best lawyers, most recently it was the Registry of the CSU parliamentary deputies Peter Gauweiler. Hubert thought, however, is a freelance journalist, with a half-time, and many freelancers. But thinking wins in all instances.

Then determines the prosecution against the freelance journalists. She suspects thought to have learned of the donation to the party only through a leak in the investigating authorities. It will be heard 35 LKA officials and judges. According to media reports, the Ministry of Interior has issued instructions to determine in their own ranks. The imagination of the investigators seems to be limitless. You suspect thought to have either bribed officials or tapped to official fax traffic to get to his information. Now you turn the monitor journalists. The acts of thinking at the Nuremberg public prosecutor has now grown to 704 pages.

While the judiciary against thinking takes huge trouble sue the Bavarian investigators Soko "laboratory" that have Schottdorf in his sights on disabilities of their work "from above". One speaks in the Bavarian television even from a clear case of "Bavarian Spezl economy".

Benno Stieber

is a journalist and chairman of the Association Freischreiber eV .

Brain learns of the police investigation against him when he receives a summons from the prosecutor's office Nuremberg. He defends himself against the accusations and refused to provide information about where he got his documents. Thinking refers to the journalistic source protection. Again, he needs money to hire an experienced media lawyer Klaus roebuck with the sighting of lush investigation files. In addition to money the freelancer costs the defense nervous and a lot of work. Time and energy, which he can not put into research.

Journalism in Germany is weakened by the upheaval in the industry. Formerly opinion-leading papers, such as the Frankfurter Rundschau, are set only a shadow of its former self and in some publishers have Manager journalism almost entirely in front of the door to the circulation and advertising loss. Never in the past 50 years, it was probably easier to curb critical reporting of complaints and processes.

But journalism is not gone, he's come across only for temporary rent in smaller houses. In many places sprouting one-man blog, small local teams with digital editions and regional magazines. In some areas, such as portals have Heddesheimblog , the Prenzlauer Berg news or the Tegernsee voice even over the journalistic primary care. They are sometimes opinion joyful, often polemical and sometimes even investigative. These voices rarely find a hundred thousand times the dissemination of established media, but the concert has become a multi-voiced through it. Actually a good news for the diversity of opinion.

But the freedom may be costly freelance journalists or small publishers. You do not have legal departments or budgets for protracted litigation. So if you as a freelance journalist confronts powerful and wealthy opponents to his cause must already be very safe.

Even freelancers who work for prestigious homes with battle-tested lawyers are often protected worse than their permanent colleagues. Since free reporter in litigation of public broadcasters are left alone about. The two local reporter Arndt Ginzel and Thomas Datt had about the affairs in the so-called for the mirror Saxony swamp researched and promised full backing of the legal department of the publishing house. But the lawyers of the news magazine initially concentrated only on the part of the proceedings, which concerned the salaried Mirror reporter.

Even in the case of thinking remain publishers and institutions that would otherwise like to demand in editorials press freedom in distant lands, rather quiet. Hubert thought says clients such as the Süddeutsche for which he has reported on Schottdorf, had the first cease and desist letter signed rather fight out as the litigation. And also a big German Association of Journalists spared in the second instance, the risk of litigation and refused - is secure - the legal thinking.

The legal pressure wealthy plaintiff must withstand investigative journalists well. But if it is not even a need for a small-scale error, so that a journalist is threatened in its existence, the press is disabled. Also, by investigations by state agencies. Actually, the law is clear: In the mirror of judgment, and 50 years later in Cicero judgment, the Constitutional Court has the evidentiary privilege for journalists strengthened and clarified that filing, offices and homes of journalists may be searched only if they are suspected of a crime . Nor can investigations serve to intimidate journalists. In the case of thinking, the authorities determine why tricky for incitement to breach of professional secrecy.

Hubert thought says he'd rather go into jail, as to name his source. Might help in cases such as his an emergency fund for freelance journalists. Given the changed media landscape would be a task for society as such a fund. For if freedom of the press does not apply for the smallest writing room, this fundamental right is not worth much.