Satirist Boehmermann loses in honey dispute with Saxon beekeeper in court
Böhmermann believed his personal rights were violated when the beekeeper used his name and photo under the label "Beewashing" for the "Böhmermann-Honey" and sold it in a supermarket and online. The trigger was a television program in which Böhmermann accused beekeepers of "Beewashing" similar to the "Greenwashing" of companies. The Meissen beekeeper and founder of the Bioimkerei My Honey appeared in the program without prior knowledge. In response, Heinzig produced "Böhmermann-Honey" as a marketing stunt.
Böhmermann filed an urgent application at the Dresden Regional Court to prohibit the beekeeper from using his name or image for advertising. However, he was unsuccessful. In February, the court ruled against him. This decision was now confirmed by the Higher Regional Court.
The court shared this legal opinion, it declared. In the contested image of Böhmermann on the poster, it concerned a depiction of history. The beekeeper had used it satirically. With the designation of the moderator as "leading bee and cockroach expert," he had satirically-mockingly dealt with the fact that Böhmermann saw himself as a journalistically-satirical investigative journalist and claimed an expert status for himself for many topics.
Heinzig not only exploited the commercial value of Böhmermann's name for his business interests but also satisfied the informational interest of the public in a satirical way. Böhmermann had to put up with this.
Mentioning his name did not violate his general personal rights. The court considered the right to freedom of expression to weigh more heavily in this case than Böhmermann's interest in protecting his name rights. It concerned a recognizably satirical dispute. Furthermore, the beekeeper had also wanted to defend himself against the accusations made in the program.
Despite Böhmermann's protest, the Dresden Appeal Court upheld the lower court's decision, finding that the use of his name and image in the "Böhmermann-Honey" was protected under the right to freedom of expression. This ruling followed a satirical portrayal of Böhmermann in a poster associated with the honey, where he was labeled as a "leading bee and cockroach expert."
Rico Heinzig, the beekeeper, not only profited commercially from the controversy but also entertained the public with a satirical twist. He used Böhmermann's name to sell the "Böhmermann-Honey," poking fun at the satirist's self-proclaimed role as an investigative journalist.
The court acknowledged the commercial value Heinzig derived from Böhmermann's name but ultimately ruled that the right to freedom of expression outweighed the satirist's interest in protecting his name rights. This was particularly true given the recognizably satirical nature of the dispute, as well as Heinzig's intention to counter the accusations made against the beekeeping industry in Böhmermann's television program.
In the end, Böhmermann was unable to prevent the beekeeper from using his name and image in the promotion of "Böhmermann-Honey." Despite his objections, the court found that this use fell under the protection of the right to freedom of expression.
