Media and elections: How disinformation threatens democracy!

Media and elections: How disinformation threatens democracy!

The 21st Frankfurt Media Law Days took place on February 12th and 13th, 2025 at the European University Viadrina. This event, in collaboration with the Konrad Adenauer Foundation, was dedicated to the explosive topic of “Media and Elections”. The focus was particularly on the challenges of serious election reporting and the legal framework for dealing with disinformation and propaganda.

The first panel discussion dealt with reporting in the upcoming federal election campaign. Dr. Frederik Ferreau gave a lecture on disinformation in the election campaign and explained appropriate countermeasures. It became clear that disinformation is not a specific legal term in the German legal system, but that rights play an important role due to such challenges.

Legal framework and disinformation

Ferreau pointed out that the dissemination of untrue statements of fact does not fall under the protection of freedom of expression, a principle firmly established by the Federal Constitutional Court. He cited examples including deep fake videos of prominent politicians such as Karl Lauterbach, Friedrich Merz and Olaf Scholz. In particular, the most recent example of a deep fake video of Olaf Scholz distributed by the Center for Political Beauty initiative led to legal proceedings in 2023.

The Berlin Regional Court ruled that the video was deceptively real and its distribution must therefore be prevented. These legal principles illustrate the dangers posed by disinformation in a political context.

The effects of hacker attacks

Another central topic during the media rights days was the influence of hacker attacks on reporting, which are particularly increasing before elections. Beate Bias and Susann Michalk from the Märkische Oderzeitung reported direct experiences with such attacks. These incidents not only led to a loss of users and trust among readers, but also to an increase in hostility towards journalists.

Bias noticed that arguments no longer count in discussions and the tone becomes harsher. Michalk, on the other hand, emphasized the importance of transparency and dealing honestly with errors in the media in order to restore trust. Prof. Dr. Johannes Weberling emphasized that media that strive to be serious will be rewarded in a legal context.

Technological security measures in elections

The current framework conditions for the security of electoral procedures were also discussed. Many municipalities and electoral bodies use IT technology to determine the provisional election results. It is their responsibility to select and responsibly ensure the hardware and software used. The Federal Office for Information Security (BSI) supports these efforts to prevent cyber attacks on the IT infrastructure.

Such an attack could delay the announcement of the provisional election results, which is why it is of great importance that the security of the systems used is guaranteed. The final election result, which is crucial for the composition of the new Bundestag, is usually published around three weeks after the election.

Overall, the Frankfurt Media Law Days highlighted the current challenges and legal framework that journalists and media companies have to face in connection with elections and the associated disinformation. Dialogue about serious reporting remains essential to strengthen trust in the media and prevent possible manipulation.

For more information on the legal aspects of disinformation and election reporting, visit the reports at europa-uni.de and bundeswahlleiterin.de.