Just a year ago he suffered a defeat in court, now ex-tennis star Boris Becker (56) has prevailed with his injunction against TV comedian Oliver Pocher. The three-time Wimbledon winner is right in the dispute over images from the RTL program “Pocher – dangerously honest” from October 2020, as the Freiburg branch of the Karlsruhe Higher Regional Court ruled in the second instance.
Pocher is no longer allowed to distribute controversial image sequences from the television report. He must also delete the film excerpts in question if they are published on his own website (Case: 14 U 620/22).
“We have achieved a groundbreaking verdict,” said Becker’s Offenburg lawyer Samy Hammad on Tuesday. “The verdict says that celebrities in Germany don’t have to put up with everything.”
Lawyer: “That can’t be right”
Pocher’s lawyer Patricia Cronemeyer, who was not present at the verdict, told the dpa upon request: “If one wanted to follow the considerations of the OLG (Higher Regional Court) Karlsruhe, all satirical programs would have to disappear from the program from tomorrow. That cannot be right. ” Neither Becker nor Pocher (45) appeared in court in the case.
A call for donations was launched in the controversial program under the slogan “Make Boris rich again”. According to the first instance, it can be seen that Becker also received the three-digit euro amount – but without knowing about it. The money was hidden in a supposed fashion prize that was awarded to Becker on the show.
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The second instance did not follow the Offenburg regional court with its decision. A year ago it rejected Becker’s lawsuit against Pocher (45).
Became an “object of ridicule.”
The presiding judge Claudia Jarsumbek of the 14th Civil Senate of the Higher Regional Court now said that Becker had been deceived and deceived. “He is made (…) to become the object of ridicule.” Before the broadcast of the article, the former tennis professional had no opportunity to comment. Two weeks ago, the lawyer said at an oral hearing: “The Senate has doubts that a celebrity has to accept any form of publication of his image – regardless of how it was taken.”
The court ruled that using the image sequences without Becker’s consent would only be justified if the images could be attributed to the area of contemporary history. But that cannot be assumed. In the complicated press law case, Becker’s personal rights and Pocher’s freedom of expression and broadcasting had to be weighed up. “Freedom of expression and broadcasting is a valuable asset,” summed up Judge Jarsumbek.
The Senate did not allow an appeal against the verdict. “This means that the verdict will actually stand,” commented Becker’s lawyer Hammad. According to the court, however, a complaint can be lodged with the Federal Court of Justice (BGH) within one month – because the appeal was not permitted. “In our view, the BGH should deal with the legal questions raised here, since the core area of satire and freedom of expression is affected,” said Pocher’s lawyer Cronemeyer.
© dpa-infocom, dpa:231128-99-106428/2
2023-11-28 15:44:00
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