Boris Becker prevails with lawsuit against Oliver Pocher
Just a year ago, he suffered a setback in court, but now former tennis star Boris Becker (56) has prevailed in his injunction action against TV comedian Oliver Pocher. The three-time Wimbledon winner has been vindicated in the dispute over images from the RTL show "Pocher - gefährlich ehrlich" from October 2020, as the Freiburg branch of the Karlsruhe Higher Regional Court ruled in the second instance.
Pocher may no longer distribute disputed image sequences from the television program. He must also delete the film clips in question if they are published on his own website (case reference: 14 U 620/22).
"We have obtained a groundbreaking judgment," said Becker's Offenburg lawyer Samy Hammad on Tuesday. "The ruling says that celebrities in Germany don't have to put up with everything."
Lawyer: "That can't be right"
Pocher's lawyer Patricia Cronemeyer, who was not present at the sentencing, told dpa on request: "If one wanted to follow the considerations of the Higher Regional Court of Karlsruhe, all satirical programs would have to disappear from the program from tomorrow. That can't be right." Neither Becker nor Pocher (45) appeared in court in the case.
An appeal for donations was launched under the slogan "Make Boris rich again" in the disputed program. According to the court of first instance, it can be seen that Becker also received the three-digit euro amount - but without knowing about it. The money was hidden in a supposed fashion prize that was awarded to Becker in the program.
The second instance court did not follow the Offenburg district court in its decision. It had dismissed Becker's lawsuit against Pocher (45) a year ago.
Becoming the "object of ridicule"
The presiding judge Claudia Jarsumbek from the 14th Civil Senate of the Higher Regional Court now said that Becker had been deceived and misled. "He was tricked (...) into becoming the object of ridicule." The former tennis pro had had no opportunity to comment before the report was broadcast. At an oral hearing two weeks ago, the lawyer said: "The Senate has doubts that a celebrity must accept any form of publication of their image - regardless of how it was taken."
The court ruled that use of the image sequences without Becker's consent would only be justified if the images were part of contemporary history. However, this could not be assumed. In the complicated press law case, Becker's personal rights had to be weighed against Pocher's freedom of expression and broadcasting freedom. "Freedom of expression and broadcasting is a valuable asset," summarized Judge Jarsumbek.
The Senate did not allow an appeal against the ruling. "This means that the ruling will actually stand", commented Becker's lawyer Hammad. According to the court, however, an appeal can be lodged with the Federal Court of Justice (BGH) within one month - because the appeal was not allowed. "From our point of view, the BGH should deal with the legal issues raised here, as the core area of satire and freedom of expression is affected," said Pocher's lawyer Cronemeyer.
People are closely following the legal battle between Boris Becker and Oliver Pocher, with the recent ruling by the Karlsruhe Higher Regional Court allowing Becker to prevent Pocher from distributing and publishing certain image sequences from their interaction on the RTL show "Pocher - gefährlich ehrlich". This media case highlights the importance of balancing personal rights and freedom of expression in modern societies.
Media outlets and legal experts are questioning the implications of the ruling for satirical programs and freedom of speech, as some argue that it may set a harmful precedent for comedians and satirists.
Source: www.dpa.com
