Germany debates scrapping the law against "insulting politicians" — Do politicians need special protection?

Germany has a specific legal provision designed to protect political figures from insults. In recent years, it has sparked widespread controversy due to multiple cases where citizens were investigated for verbally attacking politicians on social media. Now, there is growing division within the German government over whether to abolish this law: some argue it creates the impression that politicians enjoy special privileges, while others maintain that in light of the increasing levels of hatred and attacks directed at politicians, the law still serves a necessary purpose.

Germany is considering abolishing a special law prohibiting insults against politicians. In several high-profile cases, individuals were investigated by police for calling political figures names such as “Schwachkopf” (dunce), “Lügenfritz” (liar Fritz), or “Pinocchio” on social media platforms.

Under Section 188 of Germany’s Criminal Code, anyone who defames someone involved in public political life—and whose actions significantly impair that individual’s ability to perform their duties—can theoretically face up to three years in prison. However, in actual judicial practice, most cases ultimately end with fines rather than imprisonment.

This law was further tightened in 2021, partly in response to the 2019 murder of Walter Lübcke, the regional administrator of Kassel in Hesse, who was shot dead in his home by a right-wing extremist. After the amendment, prosecutors can initiate investigations even if the targeted politician does not file a formal complaint.

In 2024, a 64-year-old retired man was searched by authorities after calling then-German Vice-Chancellor and Minister of Economic Affairs Robert Habeck a “Schwachkopf” (dunce) on social media. Although prosecutors applied for a search warrant under Section 188 of the Criminal Code, the man had also posted symbols deemed unconstitutional by far-right extremists.

In recent years, incidents involving insults and attacks against political figures in Germany have continued to rise. According to data released by Germany’s public broadcasting consortium (ARD) in May this year, police recorded 5,140 criminal cases targeting political representatives and party members in 2025—up from 3,690 in 2024 and 2,790 in 2023.

The blurred line between “insult” and “defamation”: Is “Lügenfritz” forbidden, but “Pinocchio” allowed?

Earlier this year, a Facebook user was fined €2,000 for commenting on a post that labeled German Chancellor Friedrich Merz as “Lügenfritz” (liar Fritz). Many conservative voters believed Merz failed to fulfill campaign promises, justifying the accusation of lying.

The case even drew attention from the U.S. government. Sarah Rogers, Deputy Secretary of State for Public Diplomacy at the U.S. Department of State, criticized Germany’s actions as censorship in a post on the social platform X.

In another case, someone referred to Merz as “Pinocchio,” using the fictional character’s trait of a lengthening nose when lying to mock his perceived dishonesty. However, prosecutors determined that this expression fell within the scope of constitutionally protected freedom of speech and decided not to pursue charges.

Critics therefore argue that the law suffers from selective enforcement. Moreover, German law does not clearly define the boundaries between “insult” and “defamation.”

Regarding the “Lügenfritz” case, prosecutors argued that the term could incite public hostility, thereby undermining the chancellor’s credibility and public image.

To keep or to scrap? The ruling party divided

Jens Spahn, chairman of the CDU parliamentary group, told Süddeutsche Zeitung in January: “This law was originally intended to better protect local politicians and state institutions—but instead, it gives the impression that those in power are making their own special laws.”

Erik Marquardt, a Green Party member of the European Parliament, acknowledged he himself often faces online abuse and admitted that politicians today have become targets for public frustration and anger.

Yet he believes this does not mean politicians require a special law for protection.

“I don’t know if it’s really necessary to search someone’s house over a silly post,” Marquardt told Deutsche Welle. “If you’re insulted as a politician, you can always decide yourself whether to pursue legal action. There’s no fundamental difference between being insulted as a politician or as an ordinary person.”

The Social Democratic Party (SPD), part of the governing coalition, maintains that Section 188 still holds value. Carmen Wegge, SPD spokesperson for judicial policy in the German Bundestag, told DW that the law “targets organized, systematic hate campaigns—not just attacks aimed at the chancellor.”

She emphasized that the law also protects around 200,000 unpaid local-level political officials, whose number has been increasingly targeted by verbal abuse in recent years.

Wegge also pointed out that parties are finding it harder and harder to recruit candidates willing to run in local elections. She fears that online abuse may be deliberately used to deter people from entering politics.

Do politicians need special protection?

Isaak Schumann, a lawyer who has handled defamation cases, argues that this law is unnecessary in practice.

He told DW that even if Section 188 were abolished, such behavior could still be prosecuted under other provisions of Germany’s Criminal Code—Sections 185 (insult), 186 (defamation), and 187 (malicious defamation).

Schumann believes that Section 188 was well-intentioned when introduced, but in reality, it is rarely used to protect grassroots politicians—it is more often invoked against senior politicians targeted on social media.

“We’ve already seen law enforcement becoming increasingly sensitive to certain expressions—someone was investigated simply for calling Merz a ‘Pinocchio.’ That’s clearly not a case involving grassroots politicians threatened by right-wing extremists,” he said.

Last week, Germany’s federal and state ministers of justice convened to discuss Section 188. Some advocated for its complete abolition. A compromise was eventually reached: Section 188 will only apply to insults directed at local grassroots politicians. The final decision will rest with the German Bundestag.

Source: DW

Original article: toutiao.com/article/1868654635938816/

Disclaimer: The views expressed in this article are those of the author alone.