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The term Pressefreiheit designates the right of the press to free practice of its activity, above all unzensierte publishing of information and opinions.
In Germany the Pressefreiheit is embodied in the Basic Law in Art.5 Abs.1 S.2:
"Everyone has the right, its opinion in word to express and spread writing and picture freely and from generally accessible sources unhindered inform themselves. The Pressefreiheit and the liberty of the reporting by broadcast and film are ensured. A censorship does not take place."
The term of the press enclosure thereby all printed products, which are suitable for the spreading, independently of edition or extent-protected is the entire procedure of production and spreading (see press bulk then judgement), as well as the product of press (see mirror judgement). The Pressefreiheit means therefore also that adjustment, contents and form of the product of press freely to be determined to be able, in addition, that informants are protected and the editorship secret remain protected. The Pressefreiheit does not differentiate also between respectable press and boulevard media (see living oh judgement). The contentwise level can play however in the consideration with other right goods a role, where only the superficial maintenance serving products of press fall perhaps less strongly important than serious discussions with relevance for the public argument (see validity of expressions in the reporting and journalistic duty to exercise diligence).
Differently than the liberty of opinion the Pressefreiheit actually does not cover the protection of expressions of opinion. Apart from the defense-legal dimension contain the Pressefreiheit in addition, an institute warranty for a free press, their basic conditions the state e.g. by concentration control, to secure must (see mirror judgement, decision).
The Pressefreiheit concretizes itself for example in its own right to refuse to give evidence ("§ 53 StPO, "§ 383 ZPO) for journalists, who may be heard also only under less favourable conditions. Also the entrance to the occupation of the journalist is not nationally reglementiert - private journalist schools train on one's own and without national influence journalists.
, How, as for instance on-line-press the new medialen manifestations of press, digital newspapers etc. are questionable to arrange are. Here it is to be discussed whether these can be seized under the term of the press.
In 18. Century was regarded "press liberty" as rather formal-legal term, which licensed obrigkeitlich the pressure of newspapers. Only as apart from the religion also the policy to the target of the press review became, began restrictive measures against the press. To that extent the idea of the Pressefreiheit is connected strongly with the development of the press and developed from revolting the writing guild against the censorship.
Censorship of books becomes already 411 v. Chr. in Athens documents, which culminated in the burn of books of the philosopher Protagoras.
The first law for the abolishment of the censorship was introduced only 1695 to England. This measure, which still avoided the term of the Pressefreiheit, took place, as the English parliament did not extend the censorship statute to demand of the human John Milton and John curl any longer.
In German the term Pressefreiheit appears to 1774 for the first time as Perzeption of English press practice.
On 4 July 1776 the USA with the proclamation of the declaration of independence defined among other things the opinion and Pressefreiheit as an inalienable human right. France followed on 26 August 1789. Had preceded in the USA the procedure against the ethnic German publisher John Peter Zenger, who 1735 were acquitted by the reproach of slandering and so that in North America had put the foundation-stone for the Pressefreiheit.
The German federal document becomes 1815 also the legal guarantor of the Pressefreiheit: "The Presidential Election Council will concern itself bey their first meeting with drawing up of homogeneous orders over the press liberty and the Sicherstellung of the rights of the writers and publishers against the reproduction."
But 1819 that already takes place Carlsbad resolutions a re-establishment of the censorship in the framework. All writings up to an extent from 20 elbows were before censorship requiring.
Thus also 1832 the press law in bathing 1831 for futile were explained, which had forbidden "all Censur of the block letters".
During the revolution of 1848 in Germany one demanded the liberty of the press again. In the bill it meant: "The press liberty may be limited, suspended or waived under no circumstances and in no way by preventing Maassregeln, in particular Censur, Concessionen, safety orders, state States of, restrictions of printering or the book trade, post office prohibitions or other inhibitions of free traffic." Even if the Paulskirchenverfassung stepped never into force, the censorship was not again introduced for the time being. In the year 1854 developed the first Federal law, which established the Pressefreiheit with certain restrictions.
In the condition of the German Reich of 1871 press censorship is not mentioned, is not regulated with the realm press law of 1874 the Pressefreiheit in Germany uniformly legally, is however again limited for the first time by the decree of the socialist law 1878 it.
After heavy vibrations of the Pressefreiheit in the Weimar Republic, as for example, came it was identifiable by the world stage process by the National Socialist policy of synchronising completely to succumbing.
After allied occupation the Pressefreiheit in West Germany was restored 1949. In the GDR there was officially no censorship, actually existed however also no Pressefreiheit, since newspaper contents were given with the GDR Prime Minister by the national press office and books pressure permission needed.
Pressefreiheit one debated 2003 because of that approximately 600 of the USA officially medium representative carried forward to the Iraq war as embedded a journalist.
In the year 2004 as many journalists were not killed as since ten years no more. World-wide 56 reporters died with the practice of their occupation, 23 of them in the Iraq, communicated the committee to the protection of journalist (CPJ) in New York. (Messages of 5.1.2005). The Arab transmitter aluminium-Arabija lost eight coworkers since beginning of the US-led invasion in the year 2003 in the Iraq - killed from American troops or insurgent ones. 60 dead journalists were counted since beginning of war altogether in the Iraq.
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