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Germany’s Top Court Backs Spiegel in Wirecard Case, Strengthening Press Freedom

Judges said reporting based on an initial suspicion can be permissible in probing complex economic crime.

Overview

  • The Federal Constitutional Court overturned a Munich Higher Regional Court ruling that had restricted Spiegel’s coverage of a former Wirecard employee.
  • The court held that suspicion-based reporting need not demonstrate a probability of conviction beyond an initial suspicion, especially in complex financial wrongdoing.
  • Karlsruhe said lower courts failed to give sufficient weight to the strong public interest in investigating the Wirecard scandal.
  • The justices found one Spiegel article had been mischaracterized as asserting facts rather than presented and contextualized as suspicion.
  • The case was remanded to Munich for a new decision under constitutional standards, with no final determination on the plaintiff’s claims.