The search of the editor’s apartment at left-wing alternative station Radio Deyeeckland was unlawful. Federal Constitutional Court in Karlsruhe upholds the constitutional complaint of the journalist in question, as confirmed by the court. Therefore, this action violates broadcasting freedom. A search of an apartment, used by an editor for his journalistic work, is comparable to a search of a radio station’s premises – and is therefore associated with interference with editorial work and a possible intimidating effect. This is not permitted in this case. (Af.: 1 BvR 259/24)
The broadcaster and GFF welcomed the decision
Freiburg’s non-commercial broadcaster and the Society for Freedom Rights (GFF), which joined the complaint, welcomed the decision. In doing so, the Karlsruhe judges have put a stop to a major attack on broadcasting freedom, the GFF said in a statement. “I hope the decision… Federal Constitutional Court contribute to the police and prosecutor’s office treating basic rights with less carelessness,” said the affected journalists and whistleblowers.
Search several apartments
Investigators searched two employees’ apartments and the station’s editorial office in Freiburg in January 2023. Among other things, two cell phones, a laptop and several data storage devices were confiscated from the complainant’s apartment.
The allegation is that a report was published on the station’s homepage containing a link to the archive of the banned association “Linksunten.Indymedia”. Its editor was acquitted by the Karlsruhe district court in June 2024 on charges of committing a criminal offense by linking.
© dpa-infocom, dpa:251119-930-312235/1
