The 27th Civil Chamber of the Berlin Court of Appeal (KG Berlin) dismissed the lawsuit filed by actor Johannes Heesters against journalist and author Volker Kühn. The suit sought an injunction and retraction of various statements regarding the artist's performance before the SS guard unit on May 21, 1941, at Dachau concentration camp. The contested statements originated from an interview Volker Kühn gave to a Dutch newspaper in February 2008.
According to the court, the actor failed to prove that the journalist's statements, insofar as they pertained to facts, were untrue. Such proof would, however, be a prerequisite for an enforceable claim for injunction or retraction. Furthermore, the court found that the contested passages of the interview, being expressions of opinion, did not exceed the bounds of inadmissible abusive criticism. The journalist had, therefore, complied with the due diligence obligations required for journalistic research.
An appeal against the judgment (Case No.: 27 O 799/08) is possible before the Court of Appeal.
Press Release No. 52/2008 of the Berlin Court of Appeal (KG Berlin) of December 16, 2008
Goldberg Rechtsanwälte
Attorney Michael Ullrich, LL.M. (Information Law)
E-mail: m.ullrich@goldberg.de
