Deputy President of the Bundestag, Bodo Ramelow, is calling for the repeal of the criminal offense concerning insults directed at politicians, stipulated under Paragraph 188 of the German Criminal Code. Speaking to Redaktionsnetzwerk Deutschland, the Green Party politician stated that while the offense of political insult was originally well-intended, its application is moving in a completely wrong direction.
Originally, the law was intended primarily to protect local officials from being disincentivized or prevented from running for municipal office. However, its current application is now being used mainly by individuals who claim that freedom of speech has disappeared in Germany. Ramelow argues that this perspective is untenable and represents a wrong path, insisting that the offense of political insult must be abolished, and that general criminal law should cover the remaining matters.
The text provides an example of recent enforcement, noting that Chancellor Friedrich Merz (CDU) was fined for being called “lackaffe” and “Lügenfritze” by citizens.
Markus Nierth, the former mayor of the community of Tröglitz (Saxony-Anhalt), warned the RND that while simple insults might be tolerable, what is currently happening goes against the general dignity of the individual. He points out that the issue has escalated to include mobbing and physical aggression. The real danger, he believes, is that nobody dares to participate in politics. Instead, he argues that protecting volunteers and municipal politicians is far more crucial. For Nierth, an insult like “lackaffe” is a trivial addition to the current overall atmosphere. This concern stems from his experience in 2015, when he advocated for refugees in his community, came under pressure from far-right groups, and ultimately resigned.
In related legislative efforts, Constanze Geiert, the Saxon Minister of Justice (CDU), has proposed an amendment before the Federal Ministers of Justice Conference aimed at reforming Paragraph 185 and either eliminating or severely restricting the offense of political insult under Paragraph 188. Günter Krings, the deputy chairman of the CDU/CSU parliamentary group, has joined this call. Conversely, the SPD parliamentary group wishes to maintain the current status quo, which allows politicians to be prosecuted for insults up to three years in prison even without a formal complaint, while insults directed at ordinary citizens only allow for a maximum of two years if a criminal investigation is initiated.
