Investigation Launched Against Julian Reichelt's 'Nius' Over Document Publication
Tue 4th Mar, 2025
The Berlin public prosecutor's office has opened an investigation into the online news portal 'Nius', managed by former 'Bild' editor-in-chief Julian Reichelt. The inquiry stems from the portal's publication of a search warrant related to an ongoing criminal case concerning the alleged defamation of Federal Minister of Economics Robert Habeck, who was referred to as a 'Schwachkopf' (simpleton). The reported publication by 'Nius' is suspected of violating legal provisions that prohibit the release of documents from active criminal proceedings. The search warrant remains accessible online. A spokesperson for the prosecutor's office confirmed that a preliminary suspicion has been established, and a formal complaint has been filed. However, no official statement from 'Nius' has been received in response to multiple inquiries. The situation began in November of the previous year when 'Nius' covered an incident involving a man from Bavaria who reportedly shared an image of Habeck on a social media platform denoted as 'Schwachkopf Professional'. This led to a police raid, which drew criticism from both the judiciary and political circles, suggesting an overreaction to the matter. With the publication of the search warrant, 'Nius' could face significant legal repercussions. According to Germany's Criminal Code, specifically Section 353d, the unauthorized disclosure of official documents from active criminal cases is strictly prohibited. This law aims to protect the integrity of pre-trial proceedings and the rights of those involved, including the presumption of innocence. Violations of this statute may result in fines or imprisonment for up to one year. The law has previously caused issues for individuals, including Wolfgang Schmidt, the current head of the Federal Chancellery, who encountered a legal consequence for similar actions before assuming office. Schmidt had posted excerpts from a search warrant on social media but faced no criminal penalties as the case was settled with a monetary fine. It remains uncertain whether Reichelt and his team at 'Nius' would opt for a similar settlement should they be charged. Advocacy groups, such as the Society for Freedom Rights (GFF), argue that this legislation threatens journalistic freedom, asserting the need to access and publish significant original documents. The German Journalists' Association (DJV) has also called for legislative reform regarding this matter. If charges are filed against 'Nius', the portal may pursue legal action against any potential convictions, possibly escalating the matter to the Federal Court and further to the Federal Constitutional Court. The overarching issue revolves around the balance between protecting judicial proceedings and ensuring the freedom of the press to report on matters of public interest. Section 353d of the Criminal Code is designed to shield non-public aspects of criminal cases from outside influence, safeguarding the judicial process. While it is permissible to report on documents publicly and discuss their contents, extensive verbatim quotations or full document publications could trigger legal challenges. Historically, the Federal Constitutional Court has upheld the validity of Section 353d in its rulings, reinforcing the need for caution in reporting sensitive legal matters.
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