Courtroom with a wink: Böhmermann versus Heinzig
In the courtroom in Dresden, where the stern face of Justitia usually reigns, a touch of satire wafted through the air today. Jan Böhmermann, who failed to appear in court, made the courtroom smile with his absence, as did the judge with her remark that his program was "made funny". Böhmermann was represented by his lawyer Dr. Torben Düsing, a specialist in intellectual property law. Rico Heinzig, on the other hand, listened to what the judge had to say. He seemed introverted.
It was a hearing in which not only honey but also words flowed. Heinzig, who claims to have only sold 8 jars of his #beewashing honey on the day of the promotion, was confronted with legal arguments that weighed more heavily than the sweet product itself. The judge, well prepared by ZDF broadcasts and newspaper articles, felt that Heinzig's advertising campaign itself was "wittily done", but pointed out that it could be legally difficult if the impression was created that Böhmermann was recommending the honey - something that could well tip the legal scales to the presenter's side. The plaintiff side added that Heinzig could have defended himself journalistically against Böhmermann instead of violating Jan Böhmermann's personal rights with the advertisement.
Heinzig's lawyer, Dr. Hoffmann, argued that Böhmermann's program was not real journalism, but "investigative satire", an art form that Jan Böhmermann embodied and against which one could not compete journalistically. He also questioned whether an image transfer had really taken place. Böhmermann's lawyer, on the other hand, tried to portray Heinzig's picture as a product endorsement, which clearly violated Böhmermann's personal rights. However, Hoffmann pointed out that the image used showed Jan Böhmermann in his role as a TV presenter and not as a private person.
