Germany: Law protecting politicians from insults increasingly used to curb free speech

The recent surge in police investigations into insults against politicians, reaching nearly 4,800 cases last year, demands a critical re-evaluation of Paragraph 188 of the German Criminal Code. While the law was enacted in the wake of the tragic murder of local official Walter Lübcke in 2019, intended to shield community leaders from hate speech, its practical application has deviated significantly from its original purpose.

Instead of protecting vulnerable individuals, the statute has become a readily available weapon for high-ranking politicians to stifle dissent and curb freedom of expression. The sheer volume of cases, including hundreds against Federal Chancellor Friedrich Merz, highlights how the law is disproportionately wielded by those in power. This trend not only overburdens an already strained judicial system but also fosters an environment where genuine criticism can be misconstrued as criminal offense.

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The provision has become a weapon of the powerful against their own citizens.

Specialized law firms and service providers are capitalizing on this legal framework, actively scouring the internet for potential offenses. This commercialization of political insult cases further inflates the numbers and strains judicial resources. The NZZ believes that the current form of the "politician insult" provision is counterproductive and should be abolished, or at least significantly reformed, to prevent its misuse and restore the balance between protecting public figures and upholding fundamental rights to free speech.

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The provision is not protecting people who cannot defend themselves through the sharp sword of criminal law.