Wiretapping of the Last Generation's press contact is legal
The Munich District Court has rejected several complaints by journalists against the telephone surveillance of a Last Generation press contact. The court in Munich stated that the significant threat to public safety posed by the actions of the climate activists justified this interference with the freedom of the press.
The wiretapping in the course of investigations on suspicion of forming a criminal organization was an "intensive, albeit brief, intervention".
Around five months ago, it had become known that the Bavarian State Criminal Police Office had tapped several telephone lines, including one of the group's press phones, at the behest of the Munich Public Prosecutor General's Office in the fall of 2022. At the time, the wiretapping was carried out with the approval of the Munich district court, which has now confirmed its own decision after re-examination. The measure had led to fierce criticism.
Criticism remains: Complaint announced
The Gesellschaft für Freiheitsrechte (GFF) and Reporters Without Borders, which had objected to the telephone surveillance, have announced that they intend to lodge an appeal against the decision with the Munich I Regional Court. Both organizations see the decisions as a violation of the fundamental right to freedom of the press. This was not even explicitly mentioned in the original order for telephone surveillance by the district court, together with the reasons for it.
The law enforcement authorities are obliged to weigh up the situation when tapping telephone lines, especially when holders of professional secrets such as journalists are affected. As a rule, there must be suspicion of a serious criminal offense. The Last Generation case concerns investigations by the Munich Public Prosecutor General's Office on suspicion of forming a criminal organization.
The court did not take sufficient account of the fact that journalistic work requires confidential communication, according to the GFF press release. Journalists from Rundfunk Berlin-Brandenburg (rbb) and Süddeutsche Zeitung (SZ) were among those affected by the telephone surveillance.
According to the local court, the content of the conversations with representatives of the press was not the main focus of the wiretapping. They were not considered relevant to the investigation. According to the court, the surveillance served to "investigate internal processes" of the group and was intended to provide information in connection with the group's public relations work and criminal acts.
Why the investigation is ongoing
The Public Prosecutor General's Office has been investigating several members of the Last Generation for several months on suspicion of forming a criminal organization. In particular, the activists' unregistered street blockades have recently repeatedly resulted in criminal proceedings. In this context, telephone surveillance was ordered, which, according to investigators, was terminated at the end of April.
At the end of May, investigators then searched several homes of members of the group in a nationwide raid. There had also been some heavy criticism of this. A few days ago, however, the Munich I Regional Court ruled that the searches were lawful.
- Despite the Munich District Court's ruling that wiretapping of a Last Generation press contact was justified due to public safety concerns, environmental organizations like the Gesellschaft für Freiheitsrechte and Reporters Without Borders have announced their intention to appeal, arguing that it violates the fundamental right to freedom of the press.
- The media, including Rundfunk Berlin-Brandenburg and Süddeutsche Zeitung, have been vocal in their criticism of the surveillance, emphasizing that confidential communication is vital for journalistic work.
- The ongoing investigation into the Last Generation, a climate activist group, has faced criticism from various fronts, including concerns raised by justice advocates and the media, who argue that the measures taken might infringe upon the principles of freedom of speech and press.
Source: www.dpa.com
