The German Federal Supreme Court (Bundesgerichtshof) this week had to decide on the lawfulness of a press report about a book presentation by former news reader, journalist and author Eva Herrman (shown to the left), in particular whether this report was an infringement of Ms Herrman’s general personality right under the German constitution (case reference VI ZR 262/09 of 21 June 2011).
Eva Herrmann used to present the main news show Tagesschau on German television and is a somewhat controversial person with decisive views on various topics. While presenting her book “The Noah’s arc principle - why we have to save the family” (Das Prinzip Arche Noah - warum wir die Familie retten müssen) to journalists in 2007, Ms Herrman elaborated that traditional family values were again needed today, such as those that supported a higher regard for the role of the mother. Unfortunately, these family values had been abolished with the German student movement of 1968. She also referred to the Nazi time and said while most things had been dreadful during and Adolf Hitler had been a “totally crazy and highly dangerous politician”, the regard for families had been one of the very few good things during that time.
The press report in dispute summarised Ms. Herrman’s various musings albeit in an ironic way, inter alia, referring to the fact that she was already married for the fourth time. The report also mentioned her comments on the Third Reich and ended with the words, that "thankfully" the book launch presentation ended after her comments on this topic. Ms Herrman objected to the report. She felt that its tone wrongly alluded that she was a supporter of the Nazi ideology. She further argued that the she was incorrectly quoted, which amounted to an infringement of her general personality right as protected under Articles 1(1) and 2(1) of the German constitution.
4 comments:
I was once told by a German Patent Attorney that the provisions of German patent law providing compensation for employee inventors for use of the invention by the employer, and the right to take over his invention where the employer is no longer interested, are some of the last Nazi-era laws that remain on the statute book.
The employee inventor statutes simply put into legal form the contents of collectively-negotiated deals between employers and unions back in the 1920s, I believe.
People who do not wish to be 'misquoted' as sympathetic in any respect to Nazi ideology should probably avoid expressing positive views about any aspect of that regime.
To do so is undoubtedly an expression of free speech, and to be defended as such. However the consequences are completely predictable, and it is surely the responsibility of the (deliberately outspoken) speaker, not the courts, to deal with this.
If the day ever comes that one can speak with approval of the Nazi regime without causing outrage, I shall be concerned that we have forgotten what happened.
I agree with Mark.
Furthermore, we must remember that the Nazis and their values are still revered by a part (be it a tiny minority) of the German community, and I am not referring to swastika-flag-waving-skinheads. Such attitudes to these evil people still express themselves in places like Serbia.
I find any remark that tries to highlight a 'nice' Nazi belief as indicative of a person who does not find 100% abhorent the actions of the Nazis or other 'ethnic-cleansing' actions.
Being happy with a Nazi-era statute, such as a law that says domestic waste should be collected weekly, is completely different to saying "at least the Nazis understood the needs of the people and their requirements for satisfactory waste management". The newsreader appears to have gone for the latter means of expression.
I like the way Germany clamps down hard and prevents history from being re-written, because without their actions it will be.
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