After years of litigation about the indexing of his album "Sonny Black", Bushido is now failing in the last instance. The Federal Constitutional Court rejects his complaint - artistic freedom is not affected. Due to the texts that are harmful to young people, the album cannot be sold to children.
The rapper Bushido has failed before the Federal Constitutional Court with an appeal against the indexing of his album "Sonny Black". The court in Karlsruhe declared that his artistic freedom was not violated. The album was released in 2014 and was indexed in 2015 by the Federal Testing Agency for Media Harmful to Young People because the lyrics seemed brutalizing, glorified a criminal lifestyle and discriminated against women and homosexuals. (Az. 1 BvR 201/20)
It may not be sold to children and young people. Bushido went to court against the indexing. The Federal Administrative Court in Leipzig finally decided in 2019 that "Sonny Black" had rightly been classified as harmful to young people.
Now the rapper was unsuccessful before the Federal Constitutional Court. This did not accept his constitutional complaint for decision. There are no indications that the corresponding regulations in the Youth Protection Act could be unconstitutional, it said. The fact that user behavior has changed because of the Internet is not a reason. The argument that only individual titles should have been included in the index is also irrelevant.
The Federal Administrative Court rightly assumed that the encroachment on artistic freedom was justified. It viewed the album in the light of gangstarap traits, which included harsh language arguments accompanied by music as a self-empowering response to marginalization.
In the album, however, Bushido did not distance himself from the indisputably misogynistic, homophobic and violence-glorifying text passages by exaggerating them satirically. On the contrary: Since he built "Sonny Black" as his alias, he even strengthens the identification with this character. The Federal Administrative Court assumed that children and young people could take the wording seriously or imitate actions. Karlsruhe did not complain about that.