Comments on the decision of the BVerfG of 10 November 2023 (File reference number 1BvR 2036/23)

Inadmissible constitutional complaint by a press company against a confidentiality obligation imposed in civil proceedings

Abstract

Bild‐Zeitung filed a constitutional complaint against a confidentiality ruling at the Higher Regional Court of Cologne concerning reporting on a case of abuse. The OLG ruled partly in favour of Bild‐Zeitung, but imposed a confidentiality obligation on those present in the courtroom. The Federal Constitutional Court declared the appeal inadmissible, emphasising that the freedom of the press must be weighed against the protection of confidentiality in court proceedings. Bild argued against the confidentiality obligation, but the decision suggests that the complaint was not sufficiently well‐founded. The court emphasised the need to balance freedom of the press and confidentiality in the interests of justice and privacy.