As various German states participate in the discussion surrounding the potential repeal of the criminal offense for insulting politicians (Section 188 of the Criminal Code), several have voiced opposition to removing the regulation ahead of the Justice Ministers Conference.
According to reports, Bremen specifically rejects a proposed motion coming from Saxony. The Bremen Justice Senate informed the newspaper that “Bremen clearly tends to reject the application.” The offense was originally introduced to signal to volunteer municipal politicians that the state does not view impairments to their work as private matters, and this objective remains valid.
North Rhine-Westphalia (NRW) is also critical of any potential scrapping of the clause. The state’s Justice Ministry stated that an unconditional removal of the paragraph would send the wrong signal at this time. NRW Justice Minister Benjamin Limbach (The Greens) told the newspaper: “Of course, public figures must be able to withstand criticism, and the criminal law protects every citizen. But we must look at the current social reality: given the wave of hate and incitement recently directed toward volunteer municipal politicians, now is simply the wrong time to completely remove legal protective shields.”
Lower Saxony also expressed skepticism regarding a repeal. Its Justice Ministry cautioned that removing the provision would not strengthen freedom of expression, but instead weaken the protection of democratic culture.
The state justice ministers are scheduled to deliberate on the Saxon proposal on Thursday, which seeks to abolish the revisions made to Section 188 of the Criminal Code in 2021. This regulation covers insults, defamation, and slander directed at politicians when those actions are likely to significantly impede their public duties.
