In the newspaper “Democratic Resistance”, the then Health Minister Spahn was described as a drug addict. One of the editors says that he did not assume that this would be punishable. However, a court sees it differently.
The district court in Berlin-Tiergarten has sentenced a 42-year-old to a fine of 4,500 euros because he denigrated the former Federal Health Minister Jens Spahn as a “cocaine addict”. The presiding judge said the statement was to be regarded as defamation against people in political life.
At the beginning of the hearing, Anselm L. admitted that, as one of the editors of the association’s journal “Democratic Resistance,” he was jointly responsible for a cover page about the CDU politician. On September 5, 2020, it said, among other things: “Cocaine addict Federal Minister of Health Jens Spahn recently bought a villa in Italy with millions”.
L., according to his own statement “journalist, writer and dramaturge”, justified the title page with criticism of the corona measures, for which Spahn was jointly responsible as Minister of Health. However, he did not assume that this would be punishable, added the 42-year-old.
The court saw it differently. There is no evidence that Spahn is addicted to cocaine, said the presiding judge. Calling him that is not compatible with freedom of expression. The judge complied with the prosecutor’s demand in full with her verdict. L.’s defense attorney, on the other hand, had applied for an acquittal.
A co-editor of the club magazine, Hendrik S., who was originally also accused, had already been fined 4,500 euros in the same matter in May. The Berlin district court rejected an appeal against this because S. had not appeared at the appointment.