German Justice Ministers Back Limiting Harsher Penalties for Insulting Politicians

The Conference of Justice Ministers in Germany has supported limiting the scope of stricter penalties for insulting politicians to only local and elected officials amid ongoing debate over a controversial article in the penal code concerning the insult of politicians.

The proposal does not mean that insulting politicians will be permitted, as such acts will still be punishable under Article 185 of the Penal Code, while the amendment pertains only to Article 188, which stipulates stricter penalties and special protection for political figures.

The ministers agreed during their meeting in Hamburg on a proposal submitted by the states of Saxony and Baden-Württemberg to restrict the application of the exception in Article 188 of the Penal Code.

Under the proposal, insults directed at senior politicians will in the future be subject to the general provisions for the crime of insult stipulated in Article 185 of the Penal Code, which provides for lighter penalties. Furthermore, prosecution of these cases will only occur upon a complaint from the aggrieved party.

Article 188 stipulates stricter penalties for crimes of insult, defamation, and slander against "persons involved in political life." This article was amended in 2021, also in response to the assassination of Walter Lübcke, the governor of Kassel district, who belonged to the Christian Democratic Union, two years prior.

In contrast, politicians from the Christian Union called for the abolition of Article 188, while the final decision on this amendment remains within the purview of the German Parliament (Bundestag).

"Politicians must tolerate a greater degree of criticism"

German Minister of Justice Stefanie Hubig emphasized the importance of protecting politicians at the local level. The minister, who belongs to the Social Democratic Party, stated in remarks to the "Deutschland" network media outlets that "the goal of Article 188 is still correct. If we do not improve the protection of local politicians, we will eventually find no one willing to take on these tasks."

Hubig affirmed that "Article 188 of the Penal Code does not criminalize any behavior that is not already criminalized by law," adding that the Federal Constitutional Court clearly states that "politicians must tolerate a greater degree of criticism compared to other citizens. Criticizing those in power and freedom of expression are indispensable for democracy."

The debate stems from recent court rulings, including a judicial order issued last month against a Facebook user for calling the German Chancellor Friedrich Merz "a painted monkey (a German expression meaning a person who is conceited and arrogant)" which was considered to have exceeded the limits of permissible criticism.

The minister pointed out that Article 188 in its current form was a response to the assassination of the Kassel district governor, Walter Lübcke. She said that he had been subjected to "the most heinous forms of defamation and insult" for months before being killed by a right-wing extremist.

Hubig added that the state "has learned from this horrific crime five years ago the necessity of providing better protection, especially for local politicians, from attacks, including insults and defamation," explaining that such acts "often form fertile ground for physical assaults."

Edited by: Emad Hassan