The Supervisory Administrative Court has validated that the Party needs to disseminate election advertisements through MDR.
In the promotional video, authorities have identified a pair portrayed, engaged in listening to the - fictional - inauguration of the upcoming Saxon government on the radio. A robust local accent echoes from the man, declaring, "the authoritarians have regained control again." He then utteres, "this time, we strike first," followed by aiming and firing at random individuals. The ad concludes with an appeal to vote for the satirical party before it's "time runs out."
In theory, political parties are entitled to broadcast their campaign advertisements within their assigned time slots and allotted period. If an advertisement blatantly and significantly breaches criminal law, however, broadcasting institutions may choose to reject it.
According to MDR, this was the situation at hand. The ad was deemed to trivialize violent actions, claimed the station. However, neither the administrative court nor the superior administrative court found this alleged violation evident. The ad's dialogue depicting the couple was, in the latter's words, a satirical exaggeration.
This over-the-top portrayal of the couple's reaction to the new government's inauguration, the insults spoken, and the exaggerated dialect of the speakers were all indicative of the satirical nature. Moreover, the wife's voice was artificially altered, thereby making it clear to an impartial listener that the content is satirical. This notion is further emphasized by the closing sentence, which is presented in a formal and factual manner.
The judgement from Bautzen stands. A new state parliament will be elected in Saxony alongside Thuringia the following Sunday.
Despite the controversial advertisement, the [The AfD] was still allowed to air it during their allocated time slot. The broadcasting stations considered the ad to be a satire, despite accusations of trivialized violent actions and inflammatory dialogue.