Description
Hamburg Werbefrei has won before the state constitutional court: outdoor advertising may in principle be restricted in accordance with popular initiative
Press release 06.09.2024
The Hamburg Constitutional Court has essentially rejected the Senate's application against the popular initiative Hamburg Werbefrei. This clears the way for the next step, the petition for a referendum, and a possible subsequent referendum.
Antonia Petschat, representative of the popular initiative “Hamburg Advertising Free”:
“This is a David versus Goliath victory! The profit interests of the advertising industry, which are ruthlessly defended by the governing parties SPD and Greens, have not been able to prevail against the interests of the citizens of Hamburg, who are now finally allowed to have a say. have been able to assert themselves. We now have the chance to really make Hamburg the most beautiful city in the world!”
Erik Flick, representative of the popular initiative “Hamburg Advertising Free”:
“The advertising industry and the Senate didn't get their way with their arguments. This is the best thing that could happen to our city. Now the decision on what our city should look like in the future is in the hands of the citizens. This is also a victory for democracy.”
Martin Weise, representative of the popular initiative “Hamburg Advertising Free”:
“We know from collecting signatures that a great many people are fed up with the constant nuisance of advertising monitors in our streets. They now finally have the opportunity to stop this undesirable development. We want to seize the opportunity offered by the ruling.”
5% support of Hamburg's citizens needed
In order for the advertising regulation law to be put to the vote in the next federal election, “Hamburg Werbefrei” now needs the support of 5 percent of Hamburg's citizens. The collection phase for the second phase is expected to take place in April/May 2025. With the draft law is put to the vote, the popular initiative aims to achieve a significant reduction in outdoor advertising and a ban on digital advertising monitors.
Legal precedent: possible to significantly reduce outdoor ads
With the draft law put to the vote, the initiative wants to achieve a significant reduction in outdoor advertising and a ban on digital advertising monitors.
The ruling sets a precedent and shows that it is possible to restrict outdoor advertising.
Erik Flick: “This ruling is a major setback for the Senate. The court has followed the arguments of our initiative in all essential points. Now that the legitimacy of our request has been confirmed by the court, we expect the governing SPD and Green parties to resume talks with our initiative immediately. We also expect that no further facts will be created now. The Senate must prevent the advertising industry from erecting further installations in the city before the political process surrounding our initiative has been completed."
Free postal voting documents can already be requested via the website www.hamburg-werbefrei.de. To turn the draft into law now, Hamburg Werbefrei need to collect 80,000 signatures (5% of Hamburg citizens) by spring 2025 - and then win the subsequent referendum. The law will then come into force immediately.
More on the draft law & court decision
The draft law (15.2.2023) on the regulation of advertising in public spaces (Advertising Regulation Act) that should be adapted in the Hamburg Building Code by direct democracy can be found here as .pdf (in German).
The law concerns advertising installations in public spaces. The most important contents are
- Digital advertising systems are prohibited
- Advertising may not be illuminated from behind
- Advertising may have a maximum size of DinA0
- Half of the space must be used for event notices and non-commercial information
These new regulations aim to reduce ads, especially digital ones, to improve the urban aesthetic, enhance public space quality, increase traffic safety, and reduce environmental impact like light pollution and energy use.
In September 2024, the Constitutional Court declared the draft law admissible except for our new paragraph § 84 regarding the transitional regulations for existing advertising structures. The corresponding judgment is also linked here (short and long version, in German), which provides a framework for what a constitutionally compliant Section 84 could look like.
§ 84 (Transitional arrangements and compensation) states that legally established installations under the old law must be removed by December 31, 2026, though exceptions are possible under specific conditions. With the deletion of Section 84, advertising structures that were approved and erected before the law came into force will be protected. At the same time, the major advertising contract in Hamburg expires on 31.12.2026, meaning that numerous permits will also expire.
What happened before
Hamburg Werbefrei's amendment was discussed during a court hearing on 5th of July, 2024, after the group collected already 15.000 signatures in October 2022. The group states that citizens have the right to the city as a cultural space, instead of increased commercialization and privatizaiton of public space, and also cites traffic safety, environmental and economic concerns in their argument to regulate outdoor advertising. Read more about Hamburg Werbefrei here.
