Dispute Over Demonstration Call Decision Lost by Leader of Linksfraktion at Federal Court of Justice - Demonstration controversy resolved in favor of left-wing politician involving BGH protests
Federal Court of Justice Ruling Upholds Free Saxony's Right to Name Sören Pellmann in Protest Call
In a recent ruling, the Federal Court of Justice (BGH) has denied Sören Pellmann, the parliamentary group leader of The Left in the Bundestag, a claim for damages over his named mention in a protest call by the far-right micro-party "Free Saxony."
The dispute arose when "Free Saxony" listed Pellmann's name in a Telegram message, calling for a protest in Leipzig. The Higher Regional Court of Dresden initially granted Pellmann a 10,000 euro compensation from Free Saxony, but this decision was overturned.
The BGH ruled that "Free Saxony" had not created the false impression of a joint protest. As the provider of a telemedium, "Free Saxony" processed Pellmann's personal data for journalistic purposes, a fact that was not disputed during the hearing at the Federal Constitutional Court in Karlsruhe.
The Saxon State Office for the Protection of the Constitution describes the Free Saxons as a "right-wing extremist micro-party." On the day of the rallies, thousands of left and right demonstrators marched through the Leipzig city center, with a large police presence keeping the political camps apart.
Notably, Gregor Gysi, a long-time Left politician, was also named in the protest call by Free Saxony. The Opera in Leipzig was the location where Pellmann and The Left registered their demonstration against the energy and social policy of the then traffic light government for September 5, 2022.
Pellmann expressed regret that the BGH did not strengthen the protection against disinformation and political appropriation by the far right with the recognition of a monetary compensation. Despite the ruling, the case serves as a reminder of the ongoing challenges in balancing freedom of speech and personal privacy in political discourse.
The community policy regarding the balance of free speech and personal privacy remains a contentious matter, as demonstrated by the recent Federal Court of Justice ruling on the case of Sören Pellmann and the far-right micro-party "Free Saxony." The court upheld "Free Saxony's" right to name Pellmann in a protest call, citing the party's use of vocational training in journalistic purposes.
This case, which also involved long-time Left politician Gregor Gysi, underscores the need for continued discourse on policy-and-legislation regarding politics and general news, as well as the potential exploitation of these rights by extremist groups.
