Defamation a crime: German justice min who said crime of insulting foreign head of state out-of-date
Those involved in the defamation of others should not be protected by freedom of speech, German Minister of Justice Heiko Maas said in an interview published on Sunday. Maas had said earlier this year that the "crime of insulting a foreign head of state is out-of-date" when President Recep Tayyip Erdoğan was insulted in a satirical poem recited by Jan Böhmermann on television.
Maas, a Social Democrat in the coalition of conservative German Chancellor Angela Merkel, made comments amid recent warnings to the social media superpower Facebook to respect the laws against defamation in Germany, where such laws are more rigidly enforced compared to the U.S.
The justice minister told Bild am Sonntag newspaper that the principles of freedom of speech do not apply to slander. "Defamation and malicious gossip are not covered under the freedom of speech [laws]," Maas said just days after other top government officials called for legislation to tackle "hate speech" and the circulation of fake news on Facebook and other social media platforms.
While German authorities take steps to prohibit defamation via the internet on social media sites, there have been many incidents where Turkish politicians and the government have suffered from similar incidents coming from Germany.
In September, an obscene painting of President Recep Tayyip Erdoğan by German graffiti artist Thomas Baumgartel sparked protests by Turks in Germany who considered it defamatory of the president, in the latest chapter of a defamation campaign targeting Erdoğan in the entertainment and media sectors in European countries.
The painting is a reaction to the Jan Böhmermann case, according to the artist. Böhmermann, a presenter for public broadcaster ZDF, made headlines when he recited an extremely offensive poem about Erdoğan twice in March and April. He was subject to prosecution in an insult case after Ankara requested that German authorities prosecute him, while ZDF apologized for the incident.
However, German prosecutors said in October they dropped an investigation into a German comedian who was accused of offending a foreign leader after reciting an obscene poem about President Erdoğan on national television.
German law required the government to grant permission before the prosecutors could consider whether to press charges. The prosecutors in Mainz, where ZDF is based, said in a statement Tuesday "criminal actions could not be proven with the necessary certainty."
"Justice authorities must prosecute such defamations, even if such crimes are committed on social media platforms via the internet," he said, noting that offenders could face up to five years in jail. "Anyone who tries to manipulate political discussion with lies needs to be aware [of the consequences]."
Germany's strict libel and slander laws are meant to protect citizens by making it a crime to defame others. More than 218,000 cases involving insults were filed with prosecutors in 2015. However, few internet cases have resulted in prosecution.
Maas, a Social Democrat in the coalition of conservative German Chancellor Angela Merkel, made comments amid recent warnings to the social media superpower Facebook to respect the laws against defamation in Germany, where such laws are more rigidly enforced compared to the U.S.
The justice minister told Bild am Sonntag newspaper that the principles of freedom of speech do not apply to slander. "Defamation and malicious gossip are not covered under the freedom of speech [laws]," Maas said just days after other top government officials called for legislation to tackle "hate speech" and the circulation of fake news on Facebook and other social media platforms.
While German authorities take steps to prohibit defamation via the internet on social media sites, there have been many incidents where Turkish politicians and the government have suffered from similar incidents coming from Germany.
In September, an obscene painting of President Recep Tayyip Erdoğan by German graffiti artist Thomas Baumgartel sparked protests by Turks in Germany who considered it defamatory of the president, in the latest chapter of a defamation campaign targeting Erdoğan in the entertainment and media sectors in European countries.
The painting is a reaction to the Jan Böhmermann case, according to the artist. Böhmermann, a presenter for public broadcaster ZDF, made headlines when he recited an extremely offensive poem about Erdoğan twice in March and April. He was subject to prosecution in an insult case after Ankara requested that German authorities prosecute him, while ZDF apologized for the incident.
However, German prosecutors said in October they dropped an investigation into a German comedian who was accused of offending a foreign leader after reciting an obscene poem about President Erdoğan on national television.
German law required the government to grant permission before the prosecutors could consider whether to press charges. The prosecutors in Mainz, where ZDF is based, said in a statement Tuesday "criminal actions could not be proven with the necessary certainty."
"Justice authorities must prosecute such defamations, even if such crimes are committed on social media platforms via the internet," he said, noting that offenders could face up to five years in jail. "Anyone who tries to manipulate political discussion with lies needs to be aware [of the consequences]."
Germany's strict libel and slander laws are meant to protect citizens by making it a crime to defame others. More than 218,000 cases involving insults were filed with prosecutors in 2015. However, few internet cases have resulted in prosecution.
Last Update: December 20, 2016 01:52