“Caren Miosga”: “The details cannot be verified” – The Ulmen/Fernandes case and the boundaries of tv speak | EUROtoday

Shortly earlier than Collien Fernandes leaves the studio desk, Caren Miosga reads an announcement. It appears stiff: Since individuals have at all times talked about allegations, it’s concluded that “in Germany, the presumption of innocence always applies to defendants who have not been legally convicted.” Then comes Fernandes’ departure. Cut.

Miosga had beforehand needed to hearken to sturdy criticism. In her present on Sunday night, she needed to speak to Fernandes and Justice Minister Stefanie Hubig (SPD), amongst others, about “digital violence” – and likewise embrace the present allegations towards Fernandes’ ex-husband Christian Ulmen. However, with out letting his authorized representatives communicate on the present.

“The television court is meeting,” Ulmen’s lawyer Christian Schertz had criticized prematurely to the “FAZ”. The deputy federal chairman of the FDP, Wolfgang Kubicki, additionally criticized the solid: Questions of guilt and particular person accountability have been being heard within the courtroom – and never within the tv studio. Against this background, Miosga’s sentence looks like an try to deliver the problem to a clear authorized conclusion. But it seems like an compulsory sentence added later. A second that claims lots concerning the present debate.

The Ulmen/Fernandes case has not solely drawn consideration to digital violence, but additionally to how allegations are heard publicly. Caren Miosga’s speak reveals how rapidly abysses open up on the web. And how troublesome it’s to maintain the steadiness between schooling and prejudice. Because the presumption of innocence applies and the opposite facet is lacking, allegations are solely carried out to a restricted extent – and are subsequently troublesome to categorise intimately.

First, Collien Fernandes speaks alone. She describes once more what occurred to her with out particularly naming the perpetrators. “Fake profiles on social media were registered in my name. They primarily wrote to men.” Later “they” switched to electronic mail communication. “Then came videos and photos that were supposed to appear – as the perpetrator put it himself – as if I had filmed myself having sex and then photographed myself naked.” Elsewhere she studies an “erotic story” that was despatched through which she was raped.

Are all of those allegations directed towards her ex-husband Christian Ulmen – or simply a few of them? And how does the accused defend himself? This essentially stays unexamined. The Itzehoe public prosecutor’s workplace has now introduced that it’s once more investigating Ulmen after the “Spiegel” report. The proceedings relate to the accusation of stalking. At the identical time, deepfakes of Fernandes are circulating on-line, though they don’t come from Elmen.

Details concerning the investigation in Spain additionally stay unclear. As “Spiegel” reported, Fernandes filed a criticism towards her ex-husband there. However, Ulmen’s lawyer defined that the proceedings had been suspended “because there was a lack of an essential, qualified prerequisite for the continuation of the proceedings”. The program doesn’t clarify what’s at the moment not being investigated in Spain.

Fernandes factors out that she has residence in Germany and Spain. “It is not yet 100 percent clear that the case will go back to Germany.” “Of course you can’t check this in detail,” says Miosga. But is not that what it is all about?

“Deepfakes are a form of digital violence”

The present turns into stronger the second it strikes away from the particular case. Law pupil and former local weather activist Theresia Crone studies dozens of pornographic deepfakes that confirmed her in violent conditions. Unlike within the Fernandes case, her criticism led to a conviction: one perpetrator was sentenced to a positive of 100 day by day charges, together with for defamation.

“Deepfakes are a form of digital violence designed to push women out of the discourse,” says Crone. At the identical time, she criticizes the best way the judiciary offers with it: “Two weeks ago, a court told me in the final instance that I had to endure this because I had put myself in the public eye.”

SZ journalist Ronen Steinke additionally factors to structural issues. He studies on class chats through which male college students demean feminine classmates. In the Fernandes case, he did not wish to speculate till he had heard either side. However, the elemental grievances have been apparent: prosecutors informed him that they acquired instances of sexual offenses on the desk each week. “Of students who humiliate their ex-girlfriends by posting intimate photos or videos in class chats. This is everyday life. There is inadequate response to this.”

Hubig: “We have gaps in criminal liability”

The reluctance of Federal Justice Minister Stefanie Hubig is putting. The look is delicate for them. On the one hand, Hubig has been pushing for a legislation towards digital violence for a very long time. The consideration to the problem helps their political plans. On the opposite hand, it should not give the impression that it’s taking sides in an ongoing case.

“I don’t want to comment at all on Ms. Fernandes’ allegations,” she says. An investigation is underway and the judiciary is impartial. However, it may be seen “that we are not where we should be in the area of ​​digital violence. We have gaps in criminal liability.” She proclaims that sooner or later the manufacturing of pornographic deepfakes shall be punishable, and at the least the distribution of different deepfakes shall be punishable. At the identical time, she emphasizes that satirical or inventive works should stay permitted.

But that is precisely the place the subsequent debate begins. Criminal legislation consultants who don’t communicate on the present are typically crucial of the authorized plans. The German Lawyers’ Association, for instance, informed Legal Tribune Online whether or not prison legal responsibility ought to begin with manufacturing – or solely with distribution. After all, the mere suspicion of producing may end in coercive measures similar to searches and seizures in an investigation.

Ricarda Breyton has been writing about migration coverage and authorized coverage points for a few years.