Germany moves to scrap law shielding politicians from insults

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Germany’s political parties have converged on an unusual point of agreement: A law penalizing citizens for insulting politicians needs to change, following controversial investigations of people who mocked Chancellor Friedrich Merz as “Pinocchio” and “Lying Fritz.”

But while politicians across the spectrum agree the law needs fixing — they just can’t agree how, or when, to change it, according to a POLITICO survey of the lawmakers responsible for the issue from each of the parties represented in the Bundestag.

“We take seriously the criticism that, in practice, it may have created the impression of a special legal privilege for politicians,” said Susanne Hierl, a lawmaker from Merz’s center-right Christian Democratic Union (CDU). “Such preferential treatment was never the intention of the legislature.”

Moritz Oppelt, the CDU justice minister of Germany’s southwestern state of Baden-Württemberg echoed the sentiment, arguing the law should serve only its original intent of protecting local politicians, who are often subject to particular vitriol.

“Top politicians can and must be able to withstand tough criticism,” he said. “It is fundamental to our democracy, and part of our understanding of democracy in Germany, that people are free to discuss political decisions at the federal and state levels and criticize them very harshly. That does not mean that insults in the political sphere should become normalized. There are, of course, limits.”

Variations of this view find consensus across Germany’s fractured political spectrum. The far-left Left Party and far-right Alternative for Germany (AfD) party want the law abolished outright, while the CDU, Greens and center-left Social Democratic Party (SPD) all support revising it.

“Politicians like Friedrich Merz insult ordinary people in this country every day by calling them lazy or malingerers,” said Luke Hoss, a Left lawmaker, referring to the chancellor’s remarks that Germans should work more to boost economic growth . “The provision creates a special criminal offense that applies only to politicians and should be abolished.”

Tobias Peterka, an AfD lawmaker, said tough criticism comes with the job. “Anyone who voluntarily enters politics and exercises public authority must — as Germany’s Federal Constitutional Court has repeatedly emphasized — tolerate harsher criticism than private citizens, not less,” he argued.

While a version of the law giving special protection to politicians, Section 188 of the criminal code, has existed since 1951, former Chancellor Angela Merkel’s government in 2021 strengthened the legislation as part of broader efforts to combat right-wing extremism and hate speech.

The reform came after the 2019 murder of CDU lawmaker Walter Lübcke by a far-right extremist and amid verbal and physical attacks on local politicians amid the COVID-19 pandemic. Lübcke had been an outspoken supporter of Germany’s refugee policy under Merkel.

The law applies to insults made publicly or through social media posts when they are linked to the politician’s public role and are deemed to significantly impede their work. Offenders face up to three years in prison or a fine for insulting politicians; defamation and “malicious gossip” carry stronger penalties.

But opinion has turned against the law following several recent investigations and prosecutions of regular people for insulting politicians. One man was fined for calling Merz “Lügenfritz,” or “Lying Fritz,” another for calling him “Fotzenfritz” (“pussy-hound Fritz”), a defamatory nickname coined by a satirical magazine . “Fritz” is a common nickname for Friedrich.

Walter Lübcke was murdered by a far-right extremist in 2019. | Swen Pförtner/AFP via Getty Images

Andy Hüttner, a 66-year-old retiree from southwestern Germany, was investigated for writing “Pinocchio is coming” on a local police Facebook post about security measures for a planned visit by Merz.

“I thought calling Mr. Merz ‘Pinocchio’ was absolutely fitting because he promised so much and delivered so little,” Hüttner told POLITICO. “It never crossed my mind that anything could happen because of that comment.”

After the news of the investigation kicked off a media furor — and condemnation from U.S. Undersecretary of State for Public Diplomacy Sarah Rogers — the case was dropped.

Under German law, insulting any person ( Beleidigung ) can be a criminal offense, but the law for politicians makes the potential punishment for insults and defamation more severe.

But there’s growing agreement that the law attempting to provide extra protections for politicians has gone too far.

CDU lawmaker Hierl said local politicians still need protection. “We will therefore carefully review both the wording of Section 188 and the way it is applied,” she said.

The opposition Greens agree that the law should focus on protecting local politicians.

“Repealing Section 188 of the German Criminal Code would send the wrong signal,” Lena Gumnior, one of the party’s lawmakers, wrote in a statement. “I could, however, envision reforming Section 188 so that it applies only to elected officeholders at the municipal level.”

SPD Justice Minister Stefanie Hubig said in June that politicians must be able to bear more criticism than regular citizens, broadly echoing the position of the Greens and CDU. In June, Germany’s state justice ministers called for the law to be narrowed so that it applies to municipal officeholders.

For the moment, however, neither Merz’s governing CDU nor the opposition Greens are preparing a legislative push for after the summer recess.

An AfD bill to abolish Section 188 was voted down by the Bundestag, and while the party has since introduced another bill, centrist parties have vowed not to work with the far right, maintaining a so-called “firewall” around the party.

The Left party has also introduced a parliamentary motion addressing Section 188, more evidence of the broad consensus around changing the law — even if mainstream politicians haven’t gotten around to it yet.