German Justice Ministers Seek to Limit Insult Law for Politicians

German justice ministers have agreed to limit a controversial law that increases penalties for insulting politicians. At their spring conference in Hamburg, they decided that the special provisions of Paragraph 188 of the Criminal Code should only apply to local officials. For top politicians, such as federal ministers, the general insult law (Paragraph 185) would apply again. This would mean lower penalties and that such cases would only be prosecuted upon complaint.

“

For top politicians, there is no need for a special regulation in criminal law.

The current Paragraph 188, introduced in 2021 partly in response to the murder of a regional governor, allows for sentences of up to three years in prison for insults against "persons of political life." Unlike Paragraph 185, it does not require the affected individuals to file a complaint.

“

Top politicians must withstand a tough debate.

CDU ministers had called for the complete abolition of Paragraph 188. Saxony's Justice Minister Constanze Geiert argued that top politicians must withstand harsh debate, while local officials require special protection against hate and incitement. Her Baden-Württemberg counterpart, Moritz Oppelt, added that local politicians might quit if they feel inadequately protected against attacks.

“

The local level cannot afford to collapse due to frustration over attacks that are not effectively countered.

Federal Justice Minister Stefanie Hubig of the SPD agreed that the "underlying concern behind Paragraph 188 is still correct." She emphasized the need to protect local officials, stating that the local level cannot afford to collapse due to frustration over attacks that are not effectively countered.

“

The underlying concern behind Paragraph 188 is still correct.