AfD politician fails against "extra 3"

AfD politician Dr. Alice Weidel loses before the Regional Court (LG) Hamburg against Norddeutscher Rundfunk. The application was directed against a contribution in the programme "extra 3", in which she was referred to as a "Nazi-slut".

In the NDR satire programme "extra 3", the party conference of the AfD was discussed, at which AfD politician Dr. Alice Weidel was elected as the lead candidate. Following her election, she gave a speech, which included inter alia the following:

"It must finally end that those who point out abuses in our country are fought harder than the abuses themselves. And we, as democrats and patriots, will not allow our mouths to be shut for all that. Because political correctness belongs on the dustbin of history."

In the programme this sequence was broadcast, which the moderator commented on as follows:

"Indeed, an end to political correctness! Let us all be incorrect, the Nazi-slut is right about that. Was that incorrect enough? I hope!"

The AfD politician saw in the commentary a violation of her general right of personality. However, the Regional Court (LG) Hamburg did not share this view.

Court decision – AfD politician loses

By order of 11.05.2017 (AZ: 324 O 217/17), the Regional Court (LG) Hamburg rejected the application for an interim injunction by the AfD politician (press release of 17.05.2017).

The disputed statement, with the terms "Nazi" and "slut", refers in a clearly recognisable satirical manner, i.e. through typical exaggeration, to Weidel's current demand that political correctness belongs on the dustbin of history. In this context, the particularly sharp choice of words "Nazi-slut" is intended to show, as a politically – and otherwise – unacceptable formulation, where the demand of the AfD politician could lead.

It is clearly not the case that Weidel stands behind the ideals of National Socialism or that she gave cause for the designation as "slut". The viewer understands the term "Nazi" as a gross exaggeration, which is linked to Weidel's election as the lead candidate of the AfD. However, he does not therefore assume that she is a follower of Nazi ideology.

It may be left open whether the term "slut" always has a sexual connotation. For it is evident that the term "slut" in such an understood sense claims no truth value, but was chosen as a reference to her statement on political correctness only because the applicant is a woman.

Conclusion

Satire may (almost) do anything, provided that personal defamation of the affected person is not in the foreground. This is confirmed by the present decision of the Regional Court (LG) Hamburg and is thereby in line with established case law. This decision is not yet final. The AfD politician has already announced an appeal.