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#12Eine Partei im Deutschen Bundestag will die Pressefreiheit abschaffen. Ist das möglich?

A party in the German Bundestag wants to abolish press freedom. Is that possible?

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The correct answer is:

No, because freedom of the press is a fundamental right. It cannot be abolished.

Nein, denn die Pressefreiheit ist ein Grundrecht. Sie kann nicht abgeschafft werden.

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Quick explanation

A political party cannot simply abolish freedom of the press.

Why is this correct?

Freedom of the press is protected as a fundamental right and cannot be removed by an ordinary political majority.

Background

Freedom of the press is set out in Article 5 of the Basic Law: newspapers, broadcasters and online media may report freely, and “there shall be no censorship”. Fundamental rights can be restricted by law within limits, but according to Article 19, “in no case may the essence of a basic right be affected”. In addition, democracy is protected by the so-called eternity clause (Article 79(3)) – and there is no democracy without a free press.

Why are the other answers wrong?

A simple majority is not even enough for a normal amendment to the Basic Law. Even with two thirds in the Bundestag (and the Bundesrat), freedom of the press could not be abolished, because its core is protected. The Bundesrat represents the federal states and cannot abolish fundamental rights either.

Memory tip

No majority can abolish fundamental rights – neither half nor two thirds.

Legal basis: Art. 5 Basic Law (GG) ↗, Art. 19 Basic Law (GG) ↗, Art. 79 Basic Law (GG) ↗

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