Germany Considers Overhauling Law on Insulting Politicians
The Christian Democratic Party, the Social Democratic Party, and the 'Greens' Party believe that the law needs to be reviewed.
Consensus
- All major German political parties agree that Article 188 of the German Criminal Code needs to be changed.
- The discussion was triggered by high-profile cases involving public criticism of Chancellor Friedrich Merz.
- Article 188 criminalizes public insults and defamation of politicians, including in social media, and has been in effect since 1951.
- The law was strengthened in 2021 by Angela Merkel's government in response to right-wing extremism and attacks on politicians.
- Penalties under the law include fines or up to three years in prison for insult, and up to five years for defamation.
- The law applies to public statements related to a politician's official duties.
- There is no consensus on how or when to reform the law, and no specific timeline has been set.
Points of divergence
- The Left Party and AfD call for the complete repeal of Article 188, while CDU, SPD, and Greens propose narrowing its application. — vedomosti
- The law has been in effect since 1951 and was strengthened in 2021; it provides special protection to politicians. — fontanka
- The CDU, SPD, and Greens do not plan to introduce draft bills in the near future. — kommersant
- The law was strengthened after the murder of CDU deputy Walter Lübcke and attacks on local politicians during the pandemic. — vesti
- The CDU believes the law should primarily protect municipal politicians, who face more aggression. — vedomosti
- A CDU minister stated that high-level politicians should be able to withstand harsh criticism. — kommersant
- The Left Party argues that politicians like Merz themselves frequently insult ordinary citizens. — vedomosti
- The law requires proof that the insult is linked to the person’s political status. — fontanka
Coverage (5 sources)
- German parties will change law on insulting politicians after cases over criticism of Merkel — Вести
- In Germany, ban on insulting politicians may be lifted — Ведомости
- In Germany, they want to change the law that prohibits insulting politicians. Its repeal is being discussed — Фонтанка
- Politico: Germany is thinking about banning insults against politicians — Коммерсантъ
- In Germany want to change politician protection law after scandal with "Lying Fritz" — Вести
Key entities
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