No Marriage Crisis for Günther Jauch

Did Günther Jauch have a claim against a publisher for the publication of a reply? This was a matter the Higher Regional Court (OLG) Karlsruhe recently had to decide.

Television presenter Günther Jauch took action against an article in a weekly magazine. The weekly magazine published in April of this year on its front cover, next to a photo of the well-known presenter and his wife, the headline "Günther Jauch Shock Confession – Is His Marriage in Crisis?". Jauch was already successful at first instance. The publisher filed an appeal.

Decision of the Court

By decision of the OLG Karlsruhe of 09.09.2015 (Az. 6 U 110/15), Günther Jauch again prevailed in a press law proceeding. The OLG Karlsruhe confirmed the decision of the Regional Court (LG) Baden-Baden, according to which the publisher must print the reply "I have made no confession with regard to my marriage" in corresponding font size on the front page. The court based its decision on the fact that the headline printed in April contained the false statement of fact that Günther Jauch had made a confession with regard to his marriage. However, according to the court's view, Jauch had not personally expressed himself on his marriage when he said with respect to another marriage that "he would marry again if things were crumbling in the marriage". Therefore, the presenter had a justified interest in the reply, which is a prerequisite for such a claim.

Conclusion

Replies must, where the affected party has a justified interest, generally be published in a similarly prominent manner as the respective attacked statement was placed.