Court: MDR is obligated to broadcast election advertisements from The Party.
In the political advertisement, as per the court's ruling, a duo is shown tuned into the - fictitious - inauguration of the fresh Saxon administration over the radio. In a thick accent, the man declares, "the extremists are back in charge again." "This time, we act first," he adds, and starts firing at several individuals. The ad concludes with a request to cast a ballot for the humorous political group before it's "past the point of no return."
According to the court, political parties possess the right to have their campaign ads broadcast within the allocated timeframes and slots, with an equal opportunity offered to all contenders.
Broadcasters are entitled to reject particular ads if they blatantly and materially infringe upon criminal law. In instances of ambiguity, the judgment should favor the political party. In this instance, 'The Party' is justified in broadcasting their ad on the designated date, as deemed by MDR.
The court found no evident incitement to commit criminal acts or disruption of public order, given that the ad's events were deliberately exaggerated for comedic effect. A conviction for incitement to hatred was also avoided, as the populace of a specific party does not form a separate population group that may be targeted by incitement.
Furthermore, the court declared that there was no criminal depiction of violence. While the ad's characters expressed disdain towards humanity, the inhumane aspect was not the primary focus or intent of the portrayal. The court clarified that the campaign advertisement might encroach upon the realm of illegality, but the presumption of obvious criminality was far from accurate.
However, an appeal may still be lodged against the verdict with the Higher Administrative Court of Saxony in Bautzen. Simultaneously, a new state parliament will be elected in Saxony followed by Thuringia, next Sunday.
The debate on the upcoming [Election to the Landtag] in Saxony and Thuringia is gaining momentum, with political parties preparing their campaigns. Given the court's ruling, 'The Party' can legally air their controversial advertisement, highlighting the importance of participating in the election before it's too late.
