Head of the hearing aid acousticians' guild is allowed to express his opinion

The general manager of the Hearing Aid Acousticians' Guild was allowed to speak critically about the so-called shortened care route in a press interview. He has the right to freedom of expression.

The right to freedom of expression also applies to a public corporation, even if this does not occur within the scope of its sovereign duties. A recent ruling by the Federal Court of Justice (BGH) informs the Federal Guild of Hearing Aid Acousticians (biha). In a press interview, its chief executive was allowed to criticize the so-called shortened supply chain.

The case

The complaint was Federal Guild of Hearing Aid Acousticians and its Chief Executive OfficerHe had given a critical interview to the German Press Agency about a controversial supply route, Hearing system fittings in the doctor's office A provider took legal action against certain statements and was subsequently defeated in a Supreme Court ruling.

The lower court had held that the biha was a state authority and that citizens placed a high level of trust in it. Therefore, the Federal Guild and its Chief Executive also the requirement of strict objectivity and neutrality. On the Right to freedom of expression they could not appeal.

The judgment

The Federal Court of Justice saw it differently. It believes that a Public corporation and its responsible persons only classified in those areas subject to the strict dictate of objectivity and neutrality in which they also exercise sovereign powers.

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The press interview did not reveal any government action, and therefore other standards regarding the restriction of freedom of expression would apply. Even under competition law, these statements do not constitute degradation or slander.

"Neither the Federal Guild nor its Chief Executive can be muzzled without further ado," emphasized biha Chief Executive Jakob Stephan Baschab"Especially when it comes to the quality of care for hearing-impaired citizens."

Federal Court of Justice, judgment of 2 March 2018, Ref. I ZR 264/16