The press enjoys special constitutional protection under Article 5 of the Basic Law. This includes the right to gather, process, and disseminate information, and the right to protect journalistic sources. The press privilege exempts journalistic activities from some of the restrictions that apply to ordinary commercial entities. Each publication must have a responsible editor (Verantwortlicher Redakteur) named in the imprint, who bears ultimate editorial responsibility for the publication's content. Online publications are subject to the same imprint requirements as print publications.
Individuals and entities who consider themselves wrongly portrayed in a media publication have a right of reply (Gegendarstellung) — the right to have their response published in the same medium with the same prominence as the original report. The right of reply is available for factual claims that affect the subject; it is not available for opinions or value judgments. A press law lawyer can assess whether a right of reply is available and draft an effective response. Factual errors can also be corrected through an application for a correction (Richtigstellung) or by injunction.
Injunctions against publication or republication are available where reporting violates personal rights, reveals confidential information, or infringes copyright. The standard for obtaining an injunction is whether the harm from the publication outweighs the public interest in the information. Courts balance press freedom against personal rights case by case. Injunctions in press law cases are typically sought on an urgent basis (einstweilige Verfügung) given the time-sensitive nature of publication. We advise both claimants seeking to restrain harmful publications and publishers defending against injunction applications.
Media liability — the liability of publishers for the content of their publications — arises in several contexts: defamation (false statements of fact that damage reputation), breach of privacy, copyright infringement, and competition law violations. Publishers can also be liable for reader comments if they fail to remove infringing comments after being notified. The liability standard for online platforms has been significantly affected by the Digital Services Act, which provides a structured framework for notice-and-takedown obligations and the liability exemptions available to hosting providers.
The distinction between fact and opinion is fundamental in press law. Factual statements are assertions about objectively verifiable events or circumstances — they are either true or false and can give rise to liability if false. Opinions and value judgments are protected expression and cannot be true or false in the same sense — they represent a subjective assessment. The right of reply is available only against factual claims. Defamation law applies to false factual statements; pure opinions are protected as free expression unless they cross the threshold of insult (Beleidigung).
Journalists have a constitutionally protected right to protect their sources (Zeugnisverweigerungsrecht). Under the press laws of all German states and the Code of Criminal Procedure, journalists may refuse to testify about their sources in civil and criminal proceedings. The protection covers not only the identity of the source but also any material received from sources and notes or correspondence that could allow identification of a source. The protection is not absolute — it can be overridden in exceptional circumstances where there is a compelling overriding public interest.
Any commercial website in Germany — including blogs and online publications — must have an imprint (Impressum) that includes: the full legal name and address of the operator; a means of rapid electronic contact (email); and additional information depending on the legal form (e.g., trade register number, managing directors). Publications that fall within the press law framework must additionally name the responsible editor (Verantwortlicher Redakteur). The imprint must be accessible from every page of the website, typically within two clicks.
German press law is primarily state law, and the state press laws were originally designed for print media. Online publications are subject to both the relevant state press law (in many states) and the State Media Treaty (Medienstaatsvertrag), which specifically addresses electronic media including online publications with journalistic content. The key provisions — editorial responsibility, the right of reply, and source protection — apply to both print and online publications. Online platforms that host user-generated content are additionally subject to the Digital Services Act.
Stock photos require a clear license agreement that specifies the purpose of use, duration, and distribution area. It is important to distinguish between standard licenses and extended licenses for commercial use. The license terms must be carefully reviewed, especially for editorial use in online media.
