Local authorities are not allowed to compete with other media companies by posting free job adverts on their online portals. The Federal Court of Justice has now ruled that this would also violate the requirement for the press to be independent of the state (case reference: I ZR 142/23 of 26 September 2024). In the case in question, a publishing house that publishes a daily newspaper in printed and digital form and an advertising journal as well as maintaining two online portals took legal action against its district because the district had published free job advertisements from private companies and public institutions on its online portal, which it uses to promote the district as a place to work and live.

The publisher has now been successful in its appeal. According to the Federal Court of Justice, the publication of job adverts on the municipal online portal is a commercial act. According to the court's press release, the public sector cannot „evade a review of its behaviour under fair trading law by using the opportunity it has - in contrast to private companies - to offer goods or services free of charge“. In addition, the offer of free job advertisements violates the requirement that the press be independent of the state, as this affects the economic aspect of press freedom. The requirement therefore does not only extend to the editorial section.

The contact person for all questions relating to data protection law in our practice is Rechtsanwalt Dr Dominik Lück.