Allegations of abuse - Complaint about "Bild" report: Pastor only partially vindicated
The Cologne Higher Regional Court has ruled in favor of a pastor in part following an action for injunctive relief against "Bild" reporting, but has classified several passages criticized by the clergyman as appropriate. "Bild" may not refer to him as a "sex offender" or claim that he had confessed to sexual acts with a minor, as the Higher Regional Court announced on Thursday. However, the court did consider terms such as "abusive priest" to be permissible.
In doing so, the OLG weakened a decision by the Cologne Regional Court, which had ruled in favor of the pastor on all points. "Bild" had appealed against this and chalked up Thursday's decision as a success.
The priest had been promoted to deputy dean of Düsseldorf by Cardinal Rainer Maria Woelki. Years earlier, the priest had had sex with a 16-year-old prostitute. In the course of reporting on the handling of abuse in the Archdiocese of Cologne, he came into the spotlight. Woelki had already taken legal action against many of the terms criticized by the priest and was partially vindicated by the Cologne Higher Regional Court in March.
In its decision on Thursday, the OLG criticized the passage "Cardinal [...] promoted a priest - although he had previously confessed to child abuse". This was an untrue factual claim. The description as a "sex offender" is also inadmissible. It is not mentioned that the incidents from 2001 were not the subject of state investigations at the time.
In contrast, "Cardinal [...] promoted abusive priests" was a permissible expression of opinion. The article in question concerned "an issue that significantly affects the public and contributes to the formation of public opinion". A passage on "sauna visits, alcohol, masturbation and the screening of pornographic films in connection with adolescents and young adults" may also continue to be used: It is the full conviction of the Senate that these existed.
A spokesperson for the "Bild" group stated that it was clear that important work had been done in the investigation of cover-ups and abuse in the Archdiocese of Cologne. The decision is a success for "Bild" and any critical press.
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- The Higher Regional Court in North Rhine-Westphalia overturned part of an earlier ruling by the Cologne Regional Court, which had sided with the priest against "Bild" reporting.
- The OLG ruled that while "Bild" cannot call the priest a "sex offender" or claim he confessed to sexual acts with a minor, using terms like "abusive priest" is acceptable.
- The allegation of abuse against the priest, who was promoted to deputy dean by Cardinal Rainer Maria Woelki, was a major topic in discussions about the handling of abuse in the Archdiocese of Cologne.
- The Higher Regional Court criticized several passages in the "Bild" report, including one that stated Cardinal Woelki promoted a priest who had confessed to child abuse, which was found to be an untrue factual claim.
- The OLG agreed with "Bild" that the article was permissible due to its significant public interest, as it contributed to the formation of public opinion on the issue of abuse in the Catholic Church.
- The Archdiocese of Cologne and the critical press are both impacted by the court's decision, with the spokesperson for "Bild" stating that the decision is a success for them.
Source: www.stern.de
