The intelligence agency BND is not obligated to disclose its appraisal of Ukraine to any journalist.
The German Intelligence Service (BND) isn't compelled to let a journalist know if they portrayed Ukraine's military victory as challenging or impossible in private chats. Furthermore, the BND isn't obligated to disclose which media outlets were part of these chats, as per the decision made by the Administrative Court in Leipzig. The journalist's petition for a temporary injunction was largely dismissed.
However, the BND is required to disclose the number of confidential, individual background discussions regarding Ukraine's military situation this year. This request came from an editor of a daily newspaper. The court stated this was due to an article published in May, which claimed a CDU politician claimed the BND intentionally presented a negative view of Ukraine's military situation to sway public opinion.
The BND needs to reveal the number of individual background discussions. This stems from the fundamental right to freedom of the press, as per the Administrative Court. However, the BND is not required to disclose which media outlets were involved - this contradicts the press freedom of these media outlets. The court noted that in individual cases, it's not possible to determine whose press freedom is more important, but this can only be decided during the main procedure.
On the contrary, public interests oppose the disclosure of BND's perspective on Ukraine. Specifically, the protection of Germany's foreign relations is at stake. The BND has convincingly argued that disclosing this information could harm Germany's standing and image in the international community, the court explained.
The Commission shall disclose the number of individual background discussions regarding Ukraine's military situation due to the fundamental right to freedom of the press. This requirement, however, does not extend to revealing which media outlets were involved in these discussions, as per the Administrative Court.
