Brandenburg Court Dismisses AfD’s Challenge to Medienanstalt Berlin-Brandenburg’s Election Ad Removal
The Brandenburg chapter of the Alternative für Deutschland (AfD) has failed in its attempt to overturn a demand issued by the Medienanstalt Berlin-Brandenburg (Media Authority Berlin-Brandenburg) to remove an election advertisement from social media platforms. The Potsdam Administrative Court ruled that the public interest in enforcing the decision outweighed the party’s arguments (Case No.: VG 11 L 74/25). The court also found no compelling evidence that the advertisement did not negatively impact the development of children and adolescents into independent, community-minded individuals.
The Commission for Youth Media Protection of the State Media Authorities had accused the AfD Brandenburg of using "sweeping stereotypes" in the video, which was part of the party’s campaign for the 2024 state parliament elections. A review allegedly revealed that the clip contained "developmentally harmful content" that employed offensive stereotypes. Children and adolescents under the age of 16 were deemed unable to properly assess such content and should therefore not be exposed to it.
The AfD was ordered to remove the video, which had been circulating on YouTube, Facebook, Instagram, and TikTok, or implement measures to prevent children and adolescents from accessing it. The video allegedly portrayed people with darker skin tones exclusively in threatening situations, according to Eva Flecken, director of the responsible Media Authority Berlin-Brandenburg.
AfD regional chairman René Springer denounced the decision as "censorship." The party, which maintained that the advertisement did not hinder the development of children and adolescents into responsible individuals, filed a lawsuit and an urgent application to challenge the decision.
The Potsdam Administrative Court found no reason to question the Commission’s assessment that the video clearly exploited racist stereotypes by depicting people with darker skin and hair as menacing and contrasting them with people with lighter skin and hair.
The court determined that the decision against the AfD was not disproportionate, taking into account the principles of freedom of expression, the privilege of political parties, and the context of the advertisement as part of the 2024 state parliament election campaign. The decision can be appealed to the Higher Administrative Court of Berlin-Brandenburg.
Further Details on the Court’s Decision
In its ruling, the Potsdam Administrative Court emphasized the importance of protecting children and adolescents from harmful content. The court cited evidence suggesting that the video’s portrayal of people with darker skin tones as threatening could negatively impact the development of children’s understanding of social groups and lead to discrimination.
The court also addressed the AfD’s argument that the advertisement was protected by the freedom of expression and the special privileges granted to political parties during election campaigns. However, the court found that these protections did not override the need to protect children and adolescents from potentially harmful content.
The court acknowledged that the AfD had a legitimate interest in disseminating its electoral message, but it balanced this interest against the public interest in protecting vulnerable young people. The court concluded that the public interest outweighed the AfD’s interest in this instance.
Reactions to the Decision
The decision has been met with mixed reactions. The AfD has vowed to continue fighting the ban, accusing the media authorities of political bias. Supporters of the decision have welcomed it as a step towards safeguarding children from harmful stereotypes.
The case has raised important questions about the limits of freedom of expression, particularly in the context of political advertising that targets young people. It will be closely watched as it progresses through the legal system.
