German Court Decisions Shape Access to Election Debates
German administrative courts have issued rulings concerning access to public broadcasters’ election debates, impacting the participation of smaller political parties. The cases centered on the Bündnis Sahra Wagenknecht (BSW) party and, separately, the Free Democratic Party (FDP), as Germany prepares for a period of heightened political activity with upcoming elections.
On February 5, 2025, the Verwaltungsgericht Köln (Cologne Administrative Court) ruled that Sahra Wagenknecht, the leading candidate for the BSW in the 2025 Bundestag election, was not required to be invited to the pre-election debate program Wahlarena 2025 zur Bundestagswahl, broadcast by ARD. Simultaneously, the Verwaltungsgerichtshof Baden-Württemberg (Baden-Württemberg Administrative Court) reached a different conclusion regarding the BSW’s participation in the programs Wahlarena Baden-Württemberg and Wahlarena Rheinland-Pfalz, broadcast by SWR.
Despite both decisions being based on the same legal principles – particularly the principle of equal opportunities for political parties – the courts applied differing weightings due to variations in the program concepts. The rulings came as numerous television programs prepared to host leading candidates for discussions of their manifestos ahead of the February 23, 2025, Bundestag elections.
The increased diversity of the German political landscape, with many parties represented in the Bundestag or predicted to win seats, meant that not all leading candidates could be invited to participate in these high-profile programs. Parties excluded from these broadcasts argued that their election chances were limited and sought legal recourse.
Germany’s Federal Constitutional Court dismissed an appeal against these decisions on February 15, 2025.
FDP Challenges SWR Debate Format
More recently, the FDP in Baden-Württemberg announced it would challenge the planned debate format involving the Spitzenkandidaten (leading candidates) of the CDU, Green Party, and AfD hosted by SWR. The FDP party executive decided to commission a law firm to file a complaint, according to reports.
The FDP alleges that SWR is favoring the AfD over the two larger opposition parties, the FDP, and SPD. The party is requesting either an invitation for the excluded opposition parties or the cancellation of the debate, which was scheduled for February 24.
Currently, the FDP holds 18 seats in the Baden-Württemberg Landtag, while the SPD has 19 and the AfD has 17. In the 2021 election, the FDP received 10.5 percent of the vote, the SPD 11.0 percent, and the AfD 9.7 percent. However, recent polls indicate a shift in public opinion, with the AfD now polling around 20 percent, while the SPD and FDP are at 8 to 10 percent and around 5 percent, respectively. This shift raises concerns about the FDP’s ability to retain a seat in the Landtag.
FDP Landesvorsitzender (State Chairman) Hans-Ulrich Rülke had already addressed his concerns to SWR-Intendant (Director General) Kai Gniffke in a letter in late January. Rülke argued that the debate format violated the FDP’s rights and would only be permissible as an initial event in the election coverage. He requested that the broadcast be moved to no later than February 8, as the originally planned date was too close to the election day on March 8.
SWR Defends Debate Format
SWR rejected the criticism, stating after careful consideration that it would adhere to its journalistic concept. The broadcaster argued that, as the program was scheduled to air almost two weeks before the election, there was sufficient distance from the voting date.
The SWR explained that the debate would feature the leading candidates of the strongest political forces in Baden-Württemberg. A follow-up program, Wahlarena, scheduled for February 26, would invite all parties with realistic chances of entering the Landtag, including the FDP. All leading candidates from these parties would have the opportunity to present their views in individual interviews on the SWR1 Leute radio program.
SWR stated it was adhering to the principle of “staggered equal opportunities,” acknowledging that broadcasters can differentiate their treatment of parties, considering factors such as previous election results or parliamentary representation, and even opinion polls.
Legal Disputes Over TV Debates are Common
Legal disputes over television debates before elections are not uncommon in Germany. The German constitution guarantees freedom of broadcasting, allowing broadcasters to independently determine their programming. However, this freedom is often challenged by parties arguing for equal opportunities, leading to court cases.
In a similar case, the FDP in Brandenburg failed in 2024 to secure an invitation to a TV debate hosted by Rundfunk Berlin-Brandenburg (RBB) ahead of the state election. A court ruled that the broadcaster was not obligated to include the party.
