Pegizei

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Graffito in the trendy district of Dresden Neustadt

On August 16, 2018, there was an incident in Dresden between the police and a reporter team from Frontal21 of the ZDF broadcaster . The journalists were checked by the police for at least 45 minutes after two Pegida demonstrators had wrongly filed a criminal complaint against a cameraman of the station for violating personal rights and insulting them . On August 21, 2018, the ZDF political magazine Frontal21 reported on the incidents in the background of the Chancellor's visit to Dresden on August 16.

The incident became known under the hashtag #Pegizei , a trunk word from Pegida and the police . As a result, this case met with broad, partly international, media coverage and sparked a debate on freedom of the press in Germany , as well as a discussion about the Saxony police and a political controversy surrounding Prime Minister Michael Kretschmer .

Course of events

On August 16, 2018, a team of journalists with the investigative journalist Arndt Ginzel and the cameraman Gerald Gerber filmed demonstrators on the way between two protests on the occasion of a visit by Chancellor Angela Merkel to the Saxon state parliament in Dresden for the show Frontal21 . A demonstrator with a conspicuous fishing hat in the colors black, red and gold , who had just chanted “ Liar press !” With a finger pointing to the cameraman, also came into the picture in the crowd . The protester went straight to the camera and challenged the cameraman with the words “You filmed me in the face! You are not allowed to do that! You are committing a criminal offense! ”To refrain from frontal recordings of him. When the cameraman continued the recording with the words "Go ahead!", The demonstrator asked the cameraman to go with him to the police officers who were in sight. The police officers then checked the cameraman's and the journalist's ID cards and press cards. According to current media law, journalists are allowed to film the participants in public demonstrations, even the close-up face shot that the demonstrator himself caused by approaching the camera was not illegal; Accordingly, the criminologist and lawyer Christian Pfeiffer described the demonstrator's aggressive behavior with false legal statements for the purpose of obstructing the camera recordings as “nonsense” and “close to coercion ”. According to Frontal21, the video material shows that criminal charges only took place after the journalists had been identified. This raises the question of whether the procedure was lawful at all. According to several politicians and experts, Saxon police officers do not receive adequate training in media law and dealing with the media, so they may have acted in ignorance of the legal basis. A man who is presumed to be René Seyfried from the Dresden suburb of Freital joined the test ; the Sächsische Zeitung later compared the film recordings from Frontal21 with film material from its own archive. René Seyfried was one of the organizers of the xenophobic protests in Freital . He claimed to have been insulted by the cameraman and filed a complaint. The IDs were then thoroughly checked again and the filming was hindered for a total of around 45 minutes. The footage from Frontal21, however, shows that the person who insulted Seyfried was a different passerby and not the cameraman. Seyfried said a day later that he was wrong and withdrew the complaint.

As later informed the Saxon State Ministry of the Interior , the demonstrator with the black-red-gold fishing hat was LKA employee Maik G., who had privately participated in the demonstration. Maik G. had professional access to internal police databases, his networking with the right-wing scene and consequences under service law - civil servants are sworn in to the liberal-democratic basic order with freedom of the press - are to be examined. According to a dpa report from August 30, LKA employee Maik G. was released from the police force on September 3, 2018.

Legal evaluation

Gernot Lehr , specialist lawyer for media law, is of the opinion that the repeated request to present personal and press cards should be viewed as a disproportionate hindrance to the free press, since the documents were presented the first time. In addition, he is of the opinion that filming the Pegida demonstrator is justified because his aggressive behavior - he left the group and approached the camera head-on - made himself a person of contemporary history. The demonstrator only went public in order to hinder the documentation of the demonstration.

As far as the claim of the LKA employee regarding the right to his own picture is concerned, he is of course entitled to this according to § 22 Art Copyright Act ; only this is expressly restricted again by the following § 23 - according to paragraph 1 no. 3 it does not apply to "pictures of meetings, elevators and similar processes in which the persons depicted took part".

Maik G's lawyer, the AfD politician Maximilian Krah , filed a lawsuit with the Dresden Regional Court in June 2019 . According to Krah, who is aiming for compensation of “not less than 20,000 euros”, it is a violation of media rights and personal privacy.

Reactions

On August 23, 2018, Angela Merkel announced that such recordings are permitted and that a demonstrator “must expect to be recorded”.

Many media representatives see the police interference as an attack on the freedom of the press , a human right. The Association of Journalists sided with the reporters. Michael Kretschmer (CDU), Prime Minister of the Free State of Saxony , announced on August 18 that only the police had appeared “serious”. For that he was criticized. According to ZDF, the president of the Dresden police asked Frontal 21 to apologize on August 24th. The parliamentary group leader of the Saxon CDU in the state parliament, Frank Kupfer , attacked the journalists who were prevented from filming with the words "Public law ... we pay contributions for this" even more clearly. The Saxon CDU member of the state parliament, Sebastian Fischer, described the affair as a "little summer farce ... Unfortunately, renewed confirmation of the roar 'lying press', chance to build trust again missed". The chairman of the Saxon CDU regional group in the Bundestag, Marco Wanderwitz , clearly contradicted this : “It is not a confirmation of constitutional and democratic enemies who roar 'lying press'. And it's not a little farce either. Article 5 is so far ahead in our Basic Law for a reason ”. Because of the incident, the made-up word “Pegizei” - also as a hashtag - was created in the social networks , a suitcase word from “Pegida” and (Saxon) police . The Prime Minister of Saxony considers this to be "irresponsible". As a nod to the headgear by Maik G. came in social media, in reference to the Wutbürger also the slogan " Hutbürger " link. Numerous photomontages and caricatures are circulating, in which the LKA man's eye-catching hat and other accessories are alluded to and in some cases a general connection between the state police and Pegida is established. The term then established itself and is used in many media , for example in the context of Maik G's claim for compensation against ZDF, which became known on June 14, 2019, with the help of his lawyer, the Saxon AfD vice-president Maximilian Krah .

The political scientist Hans Vorländer said of the event:

“[At Pegida] there are conscious strategies to intimidate media representatives, so much is at stake, and I think the Saxons, including the authorities and the ministries or the prime minister, are always well advised to always take the side of To beat democracy and the rule of law and freedom of the press. "

- Hans Vorländer : Deutschlandfunk , 23 August 2018

The SPD politician Albrecht Pallas wanted to hear the ZDF reporters, who were prevented from working, in a special meeting of the interior committee of his state parliament so that the members could get an idea for themselves. The trained police officer stated that the process was not a coincidence. Rather, he recognizes in it “a system” that

"It is a new strategy of the right to bind journalists and police officers through targeted advertisements at meetings and thereby to complicate what is happening."

- Albrecht Pallas : Free Press , August 24, 2018

Jan Böhmermann addressed the incident at the end of August 2018 in his program Neo Magazin Royale in the song There are no Nazis in Saxony .

In 2019, with reference to the “protracted police control”, the winners of the Prize for the Freedom and Future of the Media were , among others, two journalists affected by the incident. The reason stated: "It is thanks to the work of Arndt Ginzel and Gerald Gerber that the discussion on questions of press freedom, the protection of journalists and how to deal with violent critics of journalistic work in Germany is intensified."

In August 2019, Der Spiegel used the fishing hat in black, red and gold on its front page as a symbol. The title was: “So isser, der Ossi .” Subline : “Cliché and reality: How the East ticks - and why it chooses differently.”

literature

Web links

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