In the dispute over the broadcasting of election advertising spots of the NPD in the public broadcasters, the extreme-right party has achieved a success before the Federal constitutional court. The highest German court in Karlsruhe upheld on Wednesday an urgent application by the NPD and committed to the ARD, a Spot in the European election broadcast.

For the constitutional court judges could not be deduced from the decisions of the administrative courts “with reasonable certainty” that the choice advertising is seditious have a national content. Otherwise, the constitutional court ruled at the end of April, in the case of an NPD-Spots, the party in the ZDF wanted to radiate.

Why had to deal with the Federal constitutional court with the case? How was the judgment? And why the need to broadcast public and private broadcasting at all on election advertising? Of The Overview.

Why must the emitting public and private broadcasting at all on election advertising?

The public and private radio is committed to broadcasting of election advertising and must give the parties a “reasonable transmission time”. This is regulated in the state broadcasting Treaty. The choice of commercials that need to be explicitly marked as such, but cannot be rejected – for example, when it is clearly election advertising, or to see the content violates the law.

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The wide choice programme, Check: That the parties stand in the European election

at the beginning of may, a choice spot in the party “cared” for discussion (the star) reported: The ZDF rejected the electoral advertising of the Satire party, first with the grounds, it would not be “the content of election advertising.” Instead, it was a call to support the organization’s Sea-Watch, which campaigns for the rescue of refugees in the Mediterranean sea. The original TV Spot began with the statement: “The following election advertising is any election advertising. For the content of this film, only the EU is responsible.” Finally, a revised Version of the choice was shown in advertising, the words “The subsequent election advertising is not a choice absent of advertising,” and at the end of “The party” was referred to. This was not previously the case.

What you see in the NPD-choice spot?

In previous versions of the Spots was of the “foreign knife men”, in big letters it said “Migration is killing!” and it also blood has been shown. The daily show” and “Süddeutsche Zeitung, reported “”. In April, had sought the NPD in Karlsruhe in vain for the appearance of this Spots in the ZDF. The judge declared the rejection of the sender but for the law.

In the current case, it is a new, watered-down Version. The Spot begins with the statement: “Since the arbitrary opening of the border in 2015, and since then, uncontrolled mass migration to be the Victims of German almost every day.” Which is why “protection zones” need to be set up, “which in German is safe to feel”. To see the cut pictures of crime scenes and Victims of violence are quick offences.

Why has the Federal constitutional court, advertising the election campaign of the NPD?

The Rundfunk Berlin-Brandenburg (RBB), which is within the ARD for the legal audit of the election commercials, had refused the revised Spot for the NPD to broadcast. The administrative court and the higher administrative court of Berlin-Brandenburg (higher administrative court) confirmed the view of the channel and back meadows Urgency of the NPD.

The court had regarded the Spot as a clear case of sedition. It will propagated by a division of the society in German and criminal aliens. A different interpretation is excluded because of the political objectives of the NPD.

From the point of view of the constitutional court, this Interpretation goes too far. “Decisive for the assessment of the election commercials this self, not the inner attitude or the party programme, which forms its Background, it is not alone,” reads the decision. The focus in the new version more on the Germans as “Victims”. Thus, the ARD is required, the NPD-election broadcast advertisements.

Summary: The public and private broadcasting is required on election advertising in the broadcast, provided it meets the necessary criteria. In this case, the RBB recognized in the Spot of the offence of incitement to hatred, the administrative courts, this view is shared. However, the constitutional court judges: they declared the Spot for himself, away from the party programme.

sources: of the Federal constitutional court, “Tagesschau”, the “Süddeutsche Zeitung”, news agencies DPA and AFP