The Federal Constitutional Court has overturned a lower court ruling restricting reporting by the German news magazine “Der Spiegel” concerning the sprawling Wirecard scandal, a decision hailed as a significant victory for press freedom and a potential setback for attempts to stifle investigative journalism. The Karlsruhe-based court, in a ruling issued on Wednesday, found that the Munich Higher Regional Court’s injunction against Spiegel’s reporting violated the fundamental rights to freedom of expression and the press.
The case arose from a lawsuit filed by an individual who formerly worked for Wirecard and later became managing director of a startup which received a loan from a Wirecard-affiliated company. The Munich Higher Regional Court had initially ruled that Spiegel’s reporting constituted unlawful suspicion reporting due to a perceived lack of sufficient factual basis to support the allegations.
However, the Federal Constitutional Court sharply criticised this assessment, stating that press freedom should not be contingent upon demonstrating a high probability of conviction beyond initial suspicions. The Court emphasized that such reporting is particularly vital in the context of complex economic crimes, frequently involving intricate financial structures and opaque corporate dealings. Failing to allow robust scrutiny risks shielding wrongdoers from public accountability.
Furthermore, the Court challenged the Higher Regional Court’s decision regarding the publication of images related to the case. It argued that the court had inadequately considered the plaintiff’s prominent professional position at the time of the reporting, which significantly heightened the public’s right to information. This suggests a recognition that individuals of public significance should face increased scrutiny, even when allegations are still unproven.
The ruling effectively voids the injunction and directs the Munich Higher Regional Court to re-examine the case, likely prompting renewed scrutiny of Wirecard’s operations and the individuals involved. While the decision is a boon for journalistic integrity, it also introduces a complex legal precedent that could be interpreted as potentially limiting recourse for individuals targeted by investigative reporting, demanding a careful balancing act between freedom of the press and the protection of individual reputation. The case highlights the continuing legal battles surrounding one of Germany’s most significant corporate scandals and its implications for the future of investigative journalism.
