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Germany could scrap law banning insults against politicians

2026-06-22

Germany could scrap law banning insults against politicians

Germany is considering abolishing a controversial law that makes insulting politicians a criminal offense, after several high-profile cases sparked nationwide debate over free speech and government overreach.

Under **Section 188 (Paragraph 188)** of Germany’s Criminal Code, insulting or defaming someone involved in public political life can lead to fines or even prison sentences of up to three years if the offense significantly harms their ability to perform public duties. The law was strengthened in 2021 following the 2019 murder of politician Walter Lübcke.

The law has recently drawn criticism after police investigated citizens for calling politicians names such as **“Schwachkopf” (idiot/fool)**, **“Lügenfritz” (liar Fritz)**, and **“Pinocchio”**, a reference implying dishonesty. In one widely discussed case, a man’s home was searched after he referred to former Economy Minister Robert Habeck as “Schwachkopf” on social media.

Supporters of removing the law argue politicians should not receive special legal protection beyond what ordinary citizens already have. Critics say the law creates the impression that powerful officials are shielding themselves from public criticism, especially when insults are tied to political frustration and social media expression.

However, defenders of the law warn that attacks on politicians are rising sharply. Police recorded more than 5,100 crimes targeting political representatives and party members in 2025, a major increase from previous years. Supporters say the law is especially important for protecting local politicians, many of whom face harassment, threats, and hate campaigns.

Germany’s justice ministers recently debated the issue and reached a compromise. Rather than fully abolishing Section 188, they suggested limiting its application to insults targeting local-level politicians only. The final decision will now rest with the **Bundestag (German Federal Parliament)**, which will determine whether the controversial law remains, is modified, or is scrapped entirely.

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