Media Law
We advise and represent affected parties and media companies in all questions of media law, particularly regarding the right of expression and the law against unfair competition. Since the courts can hardly keep up with today's fast-moving media, our main focus is on achieving short-term, mostly out-of-court solutions for our clients.
Our clients include a number of commercial enterprises. Our strategic approach is to prevent untrue reporting "in advance": If the misrepresentation appears, it is too late. The “canard” is out, and the damage to reputation occurs. From a legal point of view, it can then only be a matter of damage limitation (through the five claims under the law of expression: right of reply, cease-and-desist, revocation, monetary compensation and damages). This means that the "canard" can no longer be taken out of circulation. The reputational damage is practically irreparable.
Therefore, we accompany our clients intensively in the "run-up" to the announced report. Among other things, we make sure that journalists comply with their duties of journalistic diligence when researching and reporting – during this phase we often act merely as advisors to our clients, so that they alone communicate with the journalists. If necessary, we speak with the journalists and also directly with the decision-makers in the media companies (editors-in-chief, managing editors, managing directors of publishing houses, artistic directors and legal advisors). As we have been familiar with press and broadcasting regulations for decades, we negotiate with decision-makers on equal terms.
Our consulting and representation services in media law
- Advising companies subject to media coverage
- Prevention of inadmissible reporting
- Enforcement of claims under media law
- General advice for press offices
- Image protection
- Criminally offensive statements
- Advertising agency law
- "Right of Indemnity" (Art. 46 I Constitution)