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Media lawyer on Wendler scandal: “His career is over”
Michael Wendler caused quite a stir with his withdrawal from the “DSDS” jury. But what followed was the real scandal. In his Instagram story he said: “I accuse the federal government of grave and grave violations of the constitution regarding the alleged corona pandemic and the resulting measures.” He then directly attacked his real domestic broadcaster: “Almost all television channels, including RTL, are complicit, aligned, politically controlled.”
Manager Markus Krampe explained on Oliver Pocher’s late night show: “I have to say that for me too, what I experienced here is a shock. It has started.” This is all a human tragedy. Krampe could hardly imagine that there would still be a collaboration between him and RTL.
Particularly bitterly according to the manager: “Wendler and Laura are a duo, working for large companies. There was no need to worry anymore.” And further: “We have a very extensive contract with RTL that runs until the end of next year. The docu-soap was extended for 24 more episodes. Michael should have his own format, a music show.”
But now nothing will come of it. Broadcasting chief Jörg Graf has already announced the consequences: “Michael Wendler independently and without consulting terminated our contract and denigrates RTL. We will examine and exhaust all legal means available to us.”
In an interview with Watson, media lawyer Christian Solmecke explains the dire consequences of Wendler’s decision for him and also for his girlfriend Laura Müller.
Image: Christian Solmecke
Watson: What threatens Wendler in the event of a unilateral exit from the contract with RTL?
Christian Solmecke: In my opinion, RTL can now make claims for damages against Wendler. The station is suffering considerable damage. After all, some “DSDS” shows with Wendler have already been produced and filmed, but now they probably have no broadcast value. After all, they would do huge damage to the RTL image from now on. Wendler caused this damage because he violated an obligation under his employment contract. In my opinion, Wendler’s sudden departure or termination is not legal and represents a breach of duty.
What can RTL do now?
There is already information that RTL now wants to sue Wendler. The station itself spoke of the reasons why Wendler had terminated the contract independently and without consulting and denigrating RTL. In my opinion, the lawsuit is justified because RTL has claims for damages against Wendler.
What threatens Laura Müller?
Of course, now the question arises whether the advertising contracts with Laura Müller can also be terminated. That is difficult to say in general. It would be necessary to see in the next few days if Laura agrees with her husband’s statements and, therefore, shows an equally unacceptable behavior. On the other hand, Laura Müller appears alongside Michael Wendler in the Kaufland commercial. An ongoing contractual relationship with her alone would probably make little sense. For the other planned projects of the two, a contract must now be verified if it makes sense for the parties to stick to the contracts if Michael Wendler is no longer the main protagonist.
How is the career of the two now?
In my opinion, Michael Wendler seriously damaged his career with said Instagram video. Basically, your career is over. For Laura Müller, it depends on how she reacts to her husband’s video for the next few days.
When is Wendler punished with conspiracy theories and how far can he go legally?
In Wendler’s video, on the one hand, the crime of sedition according to §130 StGB comes into consideration. For this, however, the Wendler would have to incite hatred against individuals or a certain population group. That is not the case here. Wendler merely says: “I accuse the federal government of gross and grave violations of the constitution and Basic Law with respect to the alleged corona pandemic and its resulting measures.” However, the Wendler could have committed an administrative infraction with his video. According to article 118 of the Administrative Offenses Law, any person who deliberately spreads false news and therefore causes inconvenience, uncertainty or annoyance to the general public, can be fined.
What exactly could be the trigger for such behavior?
Currently, this issue is widely discussed, especially in the tabloids and on social media. In my position as a lawyer, it is forbidden to make assumptions in the blue of the room, although the behavior seems strange to me as an outsider without a doubt.
What threatens you if you row again and call it a joke?
The damage has already occurred and apparently not everyone involved, such as RTL and Kaufland, was informed. Rowing back now would hardly lead to a cure. As a lawyer, I lack the imagination for this. So this would hardly change the current situation.