The neutrality requirement for public officials only applies if the holder of a political office also makes statements in this capacity. The Schleswig Administrative Court rejected a corresponding urgent application by the news portal „Nius“ to refrain from making certain statements by the Minister President of Schleswig-Holstein because he had not made negative comments about the portal in his official capacity (Ref.: 6 B 2/26 of 5 February 2026).

Daniel Günther was a guest on the ZDF programme „Markus Lanz“ at the beginning of January 2026 and made critical comments about the portal of former Bild editor-in-chief Julian Reichelt. With its urgent application, the news portal wanted to ensure that the state of Schleswig-Holstein refrained from making these statements and revoked them. It argued that a minister president must remain neutral and objective even when making public statements in talk shows because he is bound by the neutrality requirement.

However, according to the court, the decisive factor for the neutrality requirement is whether a public official makes a recognisable reference to the authority of his office. However, Günther had not made his statements as Minister President, but as a party politician in the context of a media policy discussion, which were „not connected with the particular weight of his office“, according to the court. Günther was therefore not bound by the neutrality or objectivity requirement and his statements were not attributable to the state, the administrative court explained.