Freedom of expression – defamatory criticism or factual debate

The Federal Constitutional Court had to rule on the content of a brochure in which an opponent of genetic engineering had attacked the managing directors of green genetic engineering companies and a member of the state parliament. The defendants had complained of a violation of their general personality rights after the regional court had dismissed their claims in the second instance.
The Federal Constitutional Court left unchallenged the statement that “the proponents of genetic engineering are members of a genetic engineering mafia.”
However, the Federal Constitutional Court considered inadmissible, among other things, the statement that "the complainants intended to transfer tax money to a center for genetic engineering propaganda." This constituted defamatory criticism that was no longer covered by freedom of expression, since the person making the statement was concerned with the verifiability of the fact.
It remains to be hoped that the Federal Constitutional Court's decision will lead to a more objective debate on green genetic engineering, which is urgently needed for genetic engineering as a whole.

This publication can also be found on the website of the law firm Dr. Kauch .