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Mayor Mike Schubert (SPD) from Potsdam and freedom of the press?
Mayor Mike Schubert (SPD) from Potsdam and freedom of the press?
Today we report on an extremely questionable procedure regarding the freedom of the press in the city hall of the state capital Potsdam, here in the ultimate responsibility of Lord Mayor Mike Schubert (SPD).
On 23 August 2022, lawyers from the well-known media law firm IRLE MOSER from Berlin wrote to the press spokesperson of the state capital Potsdam, Jan Brunzlow, who is the provisional (acting) head of the Department of Communication and Participation, Press and Communication Division of Lord Mayor Mike Schubert, asking him to answer questions about press enquiries to the city of Potsdam from a journalist.
Despite repeated written requests, Lord Mayor Mike Schubert (SPD) and his deputy head of department Jan Brunzlow did not answer questions. Jan Brunzlow, have not answered in writing questions from a press enquiry submitted weeks ago by a journalist from DEUTSCHE TAGESZEITUNG, dated 25 July 2022, 10 August 2022 and 24 August 2022 until today 28 September 2022 (i.e. after a full 65 days, or a full 9 weeks, since 25 July 2022). Jan Brunzlow are legally obliged to do so.
The fact that questions from journalists must be answered by the authorities results from section 5, paragraph 1 of the Brandenburg State Press Act (BbgPG), a barrier of any kind to the refusal of the right to information in accordance with section 5, paragraph 2, no. 4 of the Brandenburg State Press Act (BbgPG), does not exist for the authorities, i.e. the city hall of the state capital Potsdam as well as the currently acting Lord Mayor Mike Schubert (SPD) and his deputy. Jan Brunzlow, the current head of department!
Despite the aforementioned clear legal regulation, the Potsdam City Hall then commissioned a law firm from Potsdam, the possible use of public funds by Lord Mayor Mike Schubert (SPD), to pay for this law firm, especially in view of the legal regulation on the obligation to provide information to journalists, raises questions, were public funds misappropriated here?
The city hall of the state capital Potsdam, in particular Lord Mayor Mike Schubert and his komm. Jan Brunzlow, are obliged as public authorities to provide complete and truthful information, which can be read in the judgement of the Bavarian Administrative Court in the 2004 edition of the Neue Juristische Wochenschrift (NJW), 3359 - here: https://dejure.org/dienste/vernetzung/rechtsprechung?Gericht=VGH%20Bayern&Datum=13.08.2004&Aktenzeichen=7%20CE%2004.1601
The freedom of the press in the Federal Republic of Germany has a high value, this is legally anchored in Article 5, paragraph 1, sentence 2 of the Basic Law of the Federal Republic of Germany. Neither a large volume of information requested from the press vis-à-vis public authorities, nor a high processing effort constitute a "claim exceeding the measure in the sense of section 5, paragraph 2, no. 4 of the Brandenburg State Press Act (BbgPG) and can therefore also not be refused."
https://dejure.org/dienste/vernetzung/rechtsprechung?Gericht=OVG%20Nordrhein-Westfalen&Datum=07.08.2018&Aktenzeichen=5%20A%20294%2F16
The extent to which the media in dictatorial countries are restricted in their work by the authorities is well known. For the German head of Reporters without Borders, Christian Mihr, it is clear that today's media repression tools, such as the denial of press enquiries, were prepared several years ago in the Russian Federation, among other countries.
Whether in the face of the aforementioned refusal of written press enquiries of a journalist, by the Potsdam city hall, such a behaviour characterised by repression towards the representatives of the press is, in this case, the ultimate responsibility of Lord Mayor Mike Schubert (SPD), is left to the reader in the first answer, in the second answer the administrative court is responsible. It is left to judges to rule on unanswered press enquiries by an authority and to speak out clearly in favour of freedom of the press.
For DEUTSCHE TAGESZEITUNG there is little political filter, as this public service media is accused of, only the personal performance of the politician paid by the people is seen.
In a survey on the streets of Potsdam, citizens of Potsdam recently told DEUTSCHE TAGESZEITUNG: "Mayor Mike Schubert is the worst mayor Potsdam has ever had, it's time for this SPD man to finally resign!"
At this point, the DEUTSCHE TAGESZEITUNG would like to point out that Mayor Mike Schubert receives 10,343.84 euros per month from the citizens of the Federal Republic of Germany for his work, in grade B7.
Further articles on this topic, including which questions, in the final responsibility of Lord Mayor Mike Schubert, the Potsdam City Hall did not answer in writing, will follow shortly. (O.Bulka--BTZ)
