Drum Ban & Propaganda Films: Legality Explained

Leipzig. Protests broke out in Leipzig in the summer of 2022 during a public screening of the film “Ukraine under Fire,” which was criticized as Russian propaganda. In some cases these were stopped by the police so that the film could be shown. A court has now decided: The ban on loud drumming near a film screening is not legally objectionable. However, the judgment is not yet legally binding.

The documentary by Russian director Igor Lopatonok deals with the 2013 protests on “Independence Square” in Kiev against then-President Viktor Yanukovych (Euromaidan). The film uses interviews – including with Russian President Vladimir Putin and US director Oliver Stone – to establish the conspiracy narrative that the protests were initiated by the USA and neo-Nazis.

Festival Globale LE shows film at Richard-Wagner-Hain

The controversial film was scheduled to be shown at the Global LE film festival on August 18, 2022 in the open-air cinema on the Richard-Wagner-Hain. The organizers had also planned a conversation with Iwana Steinigk from the Russia-friendly “Action Alliance for the Future of Donbass”. Five months after the start of the Russian invasion of Ukraine, the announcement of this event caused some criticism in Leipzig. On the day itself, several people, mainly native Ukrainians and Leipzig students, gathered at the edge of the open-air cinema to demonstrate.

“The police and public order office employees were called to the venue because of physical violence and disruption to the performance,” says a statement from the Leipzig Administrative Court. When the officers arrived, they found people drumming loudly. The police banned this drumming – citing police law.

Point of contention: police or assembly rights?

A meeting was then retroactively registered with the city of Leipzig, said court spokeswoman Christine Schumann. The leader of the meeting took the police action to court. In their opinion, drumming should not have been banned due to current assembly law.

The court therefore had to decide which law should be applied. The right to assembly under Article 8 of the Basic Law guarantees the ability to gather and express opinions freely and loudly. Police law, on the other hand, is part of administrative law and includes the options for security authorities to take action to avert danger.

Ban on drumming due to noise pollution

The case was heard in the Leipzig Administrative Court for three days and twelve witnesses were heard. In the end, the judges did not follow the plaintiff. In fact, at the time of the police order, no meeting had been reported. “The ban on drumming was allowed to be imposed on the drummers because of noise pollution and disrupting the film event,” said the court spokeswoman on Wednesday.

An objection can still be lodged against the judgment; it is not yet legally binding.

LVZ