Key facts
- German political parties generally agree that a law providing special protections to politicians against insults needs reform.
- The current law, Section 188 of the criminal code, has faced criticism for its broad application following recent investigations into citizens for insulting politicians.
- While the far-left Left Party and far-right AfD advocate for abolishing the law, centrist parties like the CDU, Greens, and SPD favor revising it.
- Some parties propose narrowing the law's scope to exclusively protect local or municipal officeholders.
- The law was strengthened in 2021 following the murder of a politician and amid attacks on local officials during the COVID-19 pandemic.
Germany's political parties are in broad agreement that a law offering special protections to politicians against insults requires reform, following public outcry over recent investigations into citizens for perceived slights against officials. While the exact nature of the changes remains a point of contention, there is a shared sentiment that the current legislation, Section 188 of the criminal code, has become overly broad.
Susanne Hierl, a lawmaker from Chancellor Friedrich Merz's center-right Christian Democratic Union (CDU), acknowledged the criticism that the law might create an "impression of a special legal privilege for politicians," stating that such preferential treatment was not the legislature's intention. Moritz Oppelt, the CDU justice minister of Baden-Württemberg, echoed this, suggesting the law should primarily protect local politicians who often face intense scrutiny.
Across the political spectrum, variations of this view have emerged. The far-left Left Party and the far-right Alternative for Germany (AfD) party are calling for the complete abolition of the law. In contrast, the CDU, the Greens, and the center-left Social Democratic Party (SPD) support revising it. Luke Hoss of the Left Party argued that the provision creates a special criminal offense for politicians and should be abolished, citing daily insults from politicians towards ordinary citizens. AfD lawmaker Tobias Peterka contended that politicians, by entering public life, must tolerate harsher criticism than private citizens, a stance supported by Germany's Federal Constitutional Court.
The law, with roots dating back to 1951, was strengthened in 2021 by former Chancellor Angela Merkel's government as part of efforts to combat right-wing extremism and hate speech. This reform followed the 2019 murder of CDU lawmaker Walter Lübcke by a far-right extremist and increased verbal and physical attacks on local politicians during the COVID-19 pandemic. The law applies to insults made publicly or via social media that are linked to a politician's public role and significantly impede their work, carrying potential penalties of up to three years in prison or a fine.
However, recent cases, such as a man being fined for calling Merz "Lying Fritz" and another for using a defamatory nickname, have shifted public and political opinion. Even Andy Hüttner, who was investigated for writing "Pinocchio is coming" on a post about Merz's visit, expressed surprise that his comment could lead to repercussions. Following media attention and condemnation from U.S. Undersecretary of State Sarah Rogers, that case was dropped.
CDU lawmaker Hierl indicated that the wording and application of Section 188 would be carefully reviewed, while the Greens, through lawmaker Lena Gumnior, suggested reforming the law to apply only to municipal-level officeholders, deeming outright repeal as sending the wrong signal. SPD Justice Minister Stefanie Hubig has also stated that politicians should be able to withstand more criticism than ordinary citizens, aligning with the Greens and CDU's position. Germany's state justice ministers have also called for narrowing the law to municipal officeholders.
Despite the broad consensus on the need for change, no immediate legislative push is expected from the CDU or Greens after the summer recess. An earlier AfD bill to abolish Section 188 was defeated in the Bundestag, and while the party has introduced another bill, centrist parties have maintained a "firewall" against working with the far right. The Left Party has also put forth a parliamentary motion concerning Section 188, underscoring the widespread agreement on modifying the law, even if legislative action has been slow.