'The Life of Brian' – Not on Good Friday!

The film 'The Life of Brian' is not permitted to be shown publicly in North Rhine-Westphalia on a Good Friday, as it is not recognised as suitable for exhibition on a Good Friday under the North Rhine-Westphalian Public Holiday Act.

A pensioner from Bochum, as a member of the initiative 'Freedom of Religion in the Ruhr', organised the public screening of the film 'The Life of Brian' by the British comedy group Monty Python on a Good Friday. The film is a well-known comedy about the unremarkable Brian, who was born at the same time as Jesus and, as a result of misunderstandings, is revered as the Messiah. The satire is not among the films recognised by the competent authorities as suitable for exhibition on Good Friday. Nevertheless, the pensioner showed the film repeatedly on a Good Friday. The City of Bochum punished this with a fine notice in the amount of 100 euros. Following the pensioner's objection, the Local Court (AG) Bochum also convicted him of wilful breach of the North Rhine-Westphalian Public Holiday Act and imposed a fine on him. The pensioner's application to allow a further appeal (Rechtsbeschwerde) against the local court judgment was unsuccessful.

The Court's Decision

According to a decision dated 27.05.2016 of the Higher Regional Court (OLG) Hamm – 2 RBs 59/16 (Press release dated 02.06.2016), the requirements for allowing a further appeal (Rechtsbeschwerde) are not met.

The person affected was not denied a fair hearing. The allowance of the further appeal (Rechtsbeschwerde) is also not required in order to develop the substantive law through a higher court decision. In the present case, there is no legal question requiring clarification. The Public Holiday Act clearly prohibits the screening of films that have not been recognised by the Minister of Culture or by the body designated by him as suitable for exhibition on Good Friday. That the regulation of the North Rhine-Westphalian Public Holiday Act in question is constitutional is likewise settled in the case law of the higher courts.

Conclusion

Whether certain films are suitable for exhibition on public holidays is determined by the Voluntary Self-Regulation Body of the Film Industry (FSK). Special protection is afforded to quiet public holidays, such as Good Friday, All Saints' Day and Remembrance Sunday. The basis for these decisions is formed by the respective state laws, according to which films that contradict the serious character of these public holidays may not be shown publicly. On the FSK's list of non-holiday-approved films, alongside 'Monty Python's – The Life of Brian', there are also 'Heidi in the Mountains' and 'Max and Moritz', among others. The films 'The Feuerzangenbowle' and 'Mary Poppins', which were initially listed on the register as non-holiday-approved, were granted holiday approval upon resubmission.