- The Party requires MDR to disseminate their "firefight" promotional advertisements
The Higher Regional Court in Bautzen has mandated the Mitteldeutscher Rundfunk (MDR) to relay the satirical party Die Partei's campaign commercial on the radio. The court rejected MDR's appeal, asserting that the ad's portrayal of supposed AfD voters being shot is unequivocally satire.
"We Strike First this Time"
The advert showcases a couple tuned in to the imaginary swearing-in of the new Saxon administration on the radio. The male character, employing a robust dialect, pronounces that "the fascists are back in control." He then declares, "This time, we strike first," followed by shooting at numerous individuals. The ad concludes with an encouragement to vote for the satirical party before it's "too late."
Political parties usually possess the authority to air their election advertisements within their assigned broadcast time slots. Broadcasters, however, have the right to decline specific ads if they evidently and substantially contravene criminal law.
Extremely Dramatized Conversation in a Satirical Context
MDR argued that the advertisement trivializes acts of violence. Nevertheless, neither the Regional Court nor the Higher Regional Court concluded this to be the case. The Higher Regional Court cited that the conversation between the couple in the ad is exaggerated to absurd levels in a satirical context, as evidenced by their exaggerated response to the news about the new government's inauguration, the derogatory language, and the over-the-top dialects of the speakers. Furthermore, the wife's voice undergoes an unusual alteration. For an impartial listener, the satirical quality becomes unmistakable and is further confirmed by the sober, factual closing line.
The ruling from Bautzen stands. Saxony, alongside Thuringia, will proceed to elect a new state parliament on September 1st.
The case regarding Die Partei's campaign commercial was heard at The Court of First Instance, following MDR's appeal against the Higher Regional Court's decision. The court maintained that the exaggerated and absurd nature of the conversation, along with the satirical elements such as the altered voice and factual closing line, prevented the advertisement from trivializing acts of violence.
Recognizing the satirical context of the advert, The Court of First Instance upheld the ruling from Bautzen, allowing Die Partei's campaign commercial to air on MDR's radio stations.