Lecture Notes: Anne Semsrott on Information Freedom

Introduction

• Presenter: Anne Semsrott
• Topic: Information Freedom and its role in society
• Context: Discussion on the evolution and recent developments in Information Freedom in Germany and Europe

Information Freedom: Historical Context and Current State

• CCC's Promise: Open society through freedom of information
• Historical Note: First voiced by W. Holland from CCC in 1988.
• IFG (Information Freedom Act):
  • Now available in almost all German states except Bavaria and Lower Saxony.
  • Expansion in Europe: Still absent in Belarus and Austria (Austria expected to pass legislation next year).

Significant Events in the Last Four Years

• Pimmel Gate:
  • Incident in Hamburg involving a derogatory Twitter comment.
  • Resulted in multiple police visits and the Red Flora venue winning against local authorities.
• Jann Besendorf's Resignation:
  • Triggered by an IFG request revealing an affair involving Dr. Giffi.
• Glyphosate Report Legal Battle:
  • BfR attempted to sue over publication of their report, lost at the Federal Court of Justice.

Campaigns and Investigations

• FragDenStaat's Role:
  • Provides access to important state documents.
  • Utilized for various advocacy efforts and investigative journalism.
• SPD Collaboration with Russian Firms:
  • Investigation into SPD politicians working with Russian companies, especially through the Mecklenburg-Vorpommern Climate Foundation.
• Horst Seehofer's Letter on Afghan Deportations:
  • Urged EU for more deportations days before Taliban takeover.
• Finance of Party-affiliated Foundations:
  • Work led to the Stiftungsfinanzierungsgesetz preventing far-right foundations from accessing state funds.

Legal Challenges and Battles

• BND Documentation:
  • First ever documents received from BND showed mundane content (canteen plans) but signifies progress.
• Merkel's Deleted SMS:
  • Berlin Administrative Court refused to prevent deletion of Merkel's texts from her tenure.
• Bundeswehr Sondervermögen Documents:
  • Kanzleramt (Chancellor's Office) claims only three documents exist regarding a €100 billion decision.

Press Freedom and Legal Tactics

• Use of Press Law:
  • FragDenStaat declared a 'Druckerzeugnis' (printed publication) to qualify as press under the Press Law.
• Bureaucratic Absurdity:
  • Humorous yet critical take on government’s narrow interpretation of press definitions.
• Publishing Sensitive Documents:
  • Examples include Begnadigung (pardon) information and police internal documents.

Investigative Case Studies

• NSU Files:
  • Related to the National Socialist Underground (NSU) series of murders and the involvement of intelligence agencies.
  • Successfully released despite being classified for 120 years.
• Frontex and Border Policies:
  • Advocacy against Frontex's role in migrant rights abuses and transparency in EU border policies.
  • Frontex’s legal and security responses to FragDenStaat's actions.

Legislative Reforms and Advocacy

• Abolishing 265a StGB (Driving Without a Ticket):
  • Example of systemic injustice where thousands are imprisoned yearly for fare evasion.
  • Ongoing campaigns leading to proposed legislative changes to de-criminalize fare evasion.
• Freedom Fund:
  • Initiative to free individuals imprisoned for inability to pay fines related to fare evasion.
  • Highlighting the high cost of incarceration to the state and societal benefits of de-criminalization.

Conclusion

• Broader Impact:
  • Efforts illustrate broader themes of resisting authoritarian shifts and promoting democratic transparency.
  • Encourages continual advocacy and societal vigilance to expand and protect civic freedoms.
• Call to Action: Engaging public in proactive requests, legal battles, and supporting transparency initiatives.