The "Bild" newspaper does not have to refrain from statements on espionage activities by the Russian state broadcaster RT in Germany.
The Frankfurt am Main Higher Regional Court (OLG) said that the broadcaster was involved in espionage in Germany, given the overall context, and without naming the names of those involved.
The Frankfurt Regional Court had already rejected the action for an injunction (Az. 16 W 48/21)
In March 2021, an article about espionage by employees of the station in Germany appeared in the "Bild" newspaper under the headline "Kremlin broadcaster reporter confesses to Bild: I should spy on Navalny".
The judges of the Higher Regional Court ruled that the transmitter had not violated its corporate moral rights with the sentence “You also participate in espionage activities on German soil”.
The average reader takes the statement that RT is said to have participated in spying on the Kremlin critic Alexei Navalnyj during his hospitalization in the Berlin Charité.
The focus of the statement was not on any specific events.
The value character prevails.
The balance between the right to protection of the social recognition of RT and the protection of the freedom of communication and the press of "Bild" goes in favor of "Bild".
The article provides a contribution to the intellectual battle of opinions on an issue that affects the public significantly.
In this case, there are connecting facts in the form of chat posts, quoted instructions to an employee and his statements.
The broadcaster did not deny these circumstances.
Merely the naming of the number of chat members is incorrect and should therefore be omitted.
On May 17, the Higher Regional Court decided in another injunctive procedure by RT about a tell-all book by a former employee of the broadcaster.