Lower Saxony defends 'politician insult' law ahead of justice ministers' conference

Lower Saxony's Justice Ministry has voiced criticism regarding the potential abolition of the controversial "politician insult" paragraph, Section 188 of the German Criminal Code (StGB). A ministry spokesperson stated in Hanover that it is "shocking to see the extent of hate that voluntarily engaged local politicians regularly face in our country." The ministry contends that abolishing Paragraph 188 would not bolster freedom of speech but would instead weaken democratic culture.

This stance comes as state justice ministers are scheduled to discuss a proposal from Saxony to delete the paragraph. The ministry spokesperson explained that many individuals withdraw from politics or are deterred from taking on mandates or engaging politically due to online hate posts. The legal system must consistently oppose this trend, the ministry asserted. The current debate has been fueled by recent judicial decisions, including a case where a district court near Heilbronn issued a penalty order against a Facebook user for calling Chancellor Friedrich Merz (CDU) "Lügenfritz" (Lying Fritz), imposing a fine of 30 daily rates.

A government spokesperson clarified that the Chancellor himself had not filed a criminal complaint or initiated legal proceedings in that specific case. Paragraph 188 of the Criminal Code is intended to protect politicians from insults, defamation, and slander. Violators can face imprisonment of up to three years or a fine. The current version of the law, which came into effect in April 2021, was part of stricter regulations to combat right-wing extremism and hate crimes. Lower Saxony's position suggests a strong defense of existing legal protections for public figures against online abuse.