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Provision on insulting public officials to be restricted

Provision on insulting public officials to be restricted
There are to be restrictions on the criminal offense of insulting politicians. / Photo: Marcus Brandt/dpa
From: DieSachsen News
Online hate, in-person attacks: The Criminal Code protects politicians from insults and defamation. But if the Conference of Ministers of Justice has its way, that protection will soon no longer apply to everyone.

According to the decision of the Conference of Ministers of Justice, the criminal liability for insulting politicians, as defined by law, will now apply only to local elected officials and public servants. At their spring meeting in Hamburg, the ministers approved a motion by Saxony and Baden-Württemberg that restricts Section 188 of the Criminal Code. 

Until now, insults, slander, and defamation against all “persons in political life” have been punishable by law. Section 188 had been amended in 2021—in part in response to the murder of Kassel District President Walter Lübcke (CDU) two years earlier.

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Saxony’s Minister: No Special Rule for Top Politicians

“There is no need for special provisions in criminal law for top politicians,” explained Saxony’s Minister of Justice Constanze Geiert (CDU). Local politicians, on the other hand, deserve special protection against hate and incitement.

While top politicians must “withstand a tough confrontation,” we cannot afford to let local politicians “throw in the towel,” warned Baden-Württemberg Justice Minister Moritz Oppelt (CDU). “We must not allow the local level to crumble out of frustration over attacks that are not being effectively countered,” Oppelt cautioned.

Debate following recent court rulings

Section 188 had most recently come into the spotlight of public debate following judicial decisions. For instance, in March, the Öhringen District Court near Heilbronn issued a penalty order against a Facebook user for referring to Chancellor Friedrich Merz (CDU) as “Lügenfritz,” and imposed a fine of 30 daily rates on a Facebook user. Union politicians subsequently called for the repeal of Section 188 of the Criminal Code. SPD politicians, on the other hand, expressed skepticism.

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