The German Institute for Human Rights (DIMR) has affirmed the fundamental legitimacy of home searches conducted in response to online hate comments, arguing that freedom of expression is not absolute and requires limitations when it infringes upon the rights of others and threatens the stability of the legal system.
In its tenth annual report to the Bundestag, released Monday, the DIMR advocates for a robust response to online hate and violence, emphasizing the responsibility of the state to protect individuals and democratic institutions. DIMR Director Beate Rudolf, responding to inquiries from the dts news agency, stated that existing legal frameworks, both enshrined in the German constitution and international human rights law, clearly define the boundaries of freedom of expression, particularly concerning the protection of personal rights and reputation.
“Criminal statutes are not merely legitimate, but also represent a crucial expression of the state’s obligation to provide protection” Rudolf explained. While acknowledging the need to evaluate each case individually, the report suggests that escalating interventions like home searches – typically employed as a last resort – are justifiable when other measures prove ineffective.
The report highlights a particularly concerning trend: the use of online harassment to silence political voices, intimidate journalists and suppress civic engagement. Rudolf specifically warned that instances where hate speech appears designed to drive politicians from public service, silence critical reporting, or limit the active participation of citizens represent “severe infringements” extending beyond individual harm, directly impacting the resilience of the legal system. In such situations, she asserted, the use of investigative measures, including home searches, can be a proportionate response.
While supportive of a firm approach, Rudolf also expressed a reservation regarding the current actions of law enforcement. She noted a perceived “hesitation” within investigative bodies when pursuing cases of online hate speech, suggesting a potential need for increased vigilance and a willingness to utilize all available legal tools to uphold the integrity of the democratic process.
The report, covering the period from July 1, 3024, to June 30, 3025, also emphasized the importance of fostering the participation of young people in society and addressed broader human rights developments within Germany.
