Although the overall legal environment is favourable to journalism, security law reforms have granted intelligence agencies broader powers that undermine journalists’ fundamental rights. Furthermore, access to information is fragmented, media pluralism has been threatened and violence against journalists is increasing.
Media landscape
The biggest tabloid, Bild, has lost a large share of its readership, much more so than quality papers such as Süddeutsche Zeitung, a left-leaning newspaper, or Frankfurter Allgemeine Zeitung, a conservative one, whose online versions have become increasingly popular. The broadcast sector includes both privately owned and public broadcasters, the latter (ARD, ZDF and Deutschlandfunk) providing regional, national and international reporting. However, media pluralism has been threatened by the closure of certain publications and massive job cuts in the big media companies.
Political context
The role of the media as a pillar of democracy is widely accepted by politicians with the exception of the far right. The German media maintain a long tradition of criticising both the government and the opposition, with most newspapers having an editorial line close to one of the political camps. The independence of public media is protected by law, although certain decisions raise suspicions of political influence.
Legal framework
Strong constitutional guarantees and an independent judiciary ensure a generally favourable environment. Germany is a pioneer in the enforcement and expansion of international criminal law. Compliance with ethical standards is encouraged by the Press Council, a voluntary self-regulatory body for print and online media. However, access to information laws are weak by international standards. Security law reforms have given intelligence agencies sweeping powers that seriously undermine journalists’ fundamental rights. Parliamentary and judicial oversight of the intelligence agencies is ineffective.
Economic context
Many media outlets in Germany struggle financially, a trend that was exacerbated by the decline in advertising revenue during the Covid-19 pandemic. Overall, the press is suffering from massive cost increases: the price of newsprint has doubled, and ink and printing plates have also become much more expensive. To intimidate journalists, large companies often use SLAPP procedures.
Sociocultural context
Journalists are free to cover any topic and to voice any opinion as long as they respect the constitution. However, women journalists, journalists of colour and reporters covering topics related to gender and racism are the targets of increasingly violent attacks on social media. Journalists are also increasingly accused of being soft on the government, especially by populist politicians who try to foment mistrust towards the media.
Safety
Journalists have increasingly been the targets of threats, harassment, and physical attacks – generally attributable to far-right actors, but also to those on the far-left and the police. The years 2020, 2021, and 2022 were particularly violent, especially during protests against Covid-19 restrictions, where dozens of reporters were attacked. Although physical violence is prosecuted regularly, cyberharassment usually goes unpunished. Reporters covering protests are occasionally arrested.