21 Aug 2013 | Digital Freedom, Germany, Index Reports, News and features, Politics and Society, Religion and Culture
(Photo illustration: Shutterstock)
The situation with regards to freedom of expression in Germany is largely positive. Freedom of expression is protected by the German Constitution and basic laws. There is room for improvement, with Germany’s hate speech and libel laws being particularly severe.
Germany’s biggest limits on freedom of expression are due to its strict hate speech legislation which criminalises incitement to violence or hatred. Germany has particularly strict laws on the promotion or glorification of Nazism, or Holocaust denial with paragraph 130(3) of the German Criminal Code stipulating that those who ‘publicly or in an assembly approve, deny, or trivialise’ the Holocaust are liable to up to five years in prison or a monetary fine. Hate speech also extends to insulting segments of the population or a national, racial or religious group, or one characterised by its ethnic customs.
Germany still has strict provisions in the criminal code providing penalties for defamation of the President, insulting the Federal Republic, its states, the flag, and the national anthem. However, in 2000, the Federal Constitutional Court stated that even harsh political criticism, however unjust, does not constitute insulting the Republic. The criminal code however remains in place.
Freedom of religious expression is compromised through anti-blasphemy laws criminalising ‘offences related to religion and ideology’. Paragraph 166 of the Criminal Code prohibits defamation against ‘a church or other religious or ideological association within Germany, or their institutions or customs’. While very few people (just 10) have been convicted under the blasphemy legislation since 1969, the impact of hate speech legislation is seen more frequently, in particular in the prosecution of religious offences. In 2006, a pensioner in the state of North Rhine-Westphalia was given a 1-year suspended sentence for printing ‘The Koran, the Holy Koran’ on toilet paper, and sending it to 22 Mosques and Muslim community centres. In 2011, nine of the 18 operators of the far right online radio programme ‘Resistance Radio’ were given between 21 months and three years in prison for inciting hatred.
Germany has also seen heated debate over a widespread ban on religious symbols in public workplaces, especially affecting Muslim women who wear headscarves, which limits, as a result, freedom of religious expression. Half of Germany’s 16 states have, to various extents, banned teachers and civil servants from wearing religious symbols at work. Yet this is not applied equally to all religions, five states have made exceptions for Christian religious symbols.
Media freedom
Government and political interference in the media sector continues to raise concerns for media independence, with several incidents of interventions by politicians attempting to influence editorial policy. In 2009, chief editor of public service broadcaster ZDF, Nikolaus Brender saw his contract terminated by a board featuring several politicians from the ruling Christian Democratic Union. Reporters Without Borders labelled it a ‘blatant violation of the principle of independence of public broadcasters.’ In 2011, the editor of Bild, the country’s biggest newspaper, received a voicemail message from President Christian Wulff, who threatened ‘war’ on the tabloid which reported on unusual personal loan he received.
Media plurality is strong among regional newspapers though due to financial pressure, media plurality declined in 2009 and 2010. Germany has one of the most concentrated TV markets in Europe, with 82% of total TV advertising spend shared among just 2 main TV stations in Germany. This gives a significant amount of influence to just 2 broadcasters and the majority of Germans still receive their daily news from the television.
The legal framework for the media is generally positive with accessible public interest defences for journalists in the law of privacy and defamation. However, Germany still has criminal provisions in its defamation law, which although unused, remain in the penal code. Germany’s civil defamation law is medium to low cost in comparison with other European jurisdictions, places the burden of proof on the claimant (a protection to freedom of expression) and contains a responsible journalism defence, although not a broader public interest defence.
Digital
The digital sphere in Germany has remained relatively free with judicial oversight over content takedown, protections for online privacy and a high level of internet penetration (83% of Germans are online). Germany’s Federal Court of Justice has ruled that access to the internet is a basic right in modern society. Section 184b of the German Penal Code ‘states that it is a criminal offense to disseminate, publicly display, present or otherwise make accessible any pornographic material showing sexual activities performed by, on or in the presence of a child.’ Germany has also ratified and put into the law the Council of Europe’s Convention on Cyber Crimes from 2001. Mobile operators also signed up to a Code of Conduct in 2005, which includes a commitment to a dual system of identification and authentication to protect children from harmful content. This was reaffirmed and made binding in 2007.
There are concerns over the increased use of surveillance of online communications, especially since a new antiterrorism law took effect in 2009.
In 2011, German authorities acquired the license for a type of spyware called FinSpy, produced by the British Gamma Group. This spyware can bypass anti-virus software and can extract data from the device it is targeting. Two reports by the German Parliamentary Control Panel, from 2009 and 2010, stated that several German intelligence units had monitored emails with the amount of surveillance increasing from 7 million pieces items in 2009 to 37 million in 2010. However, Germany’s Constitutional Court ruled in February that intelligence agencies are only allowed to collect data secretly from suspects’ computers if there is evidence that human lives or state property are in danger and the authorities must get a court order before they secretly upload spyware to a suspect’s computer.
Germany’s tough hate speech legislation also chills free speech online. In January 2012, Twitter adopted a new global policy allowing the company to delete tweets if countries request it, meaning that tweets become subject to Germany’s hate speech laws. The latest Twitter transparency report states that German government agencies asked for just 2 items to be removed. In October 2012, Twitter also blocked the account of a far-right German group, Better Hannover, after a police investigation.
Artistic freedom
Artists can work relatively freely in Germany. Freedom of expression in arts is protected under the Constitution, and is largely respected, especially for satire or comedy. Yet, the freedom of expression of artists is chilled through strict hate speech and blasphemy laws.
The German authorities very rarely use blasphemy laws against artists[xiv]. However, there have been several examples of art being subjected to censorship due to religious offence. In 2012, at the exhibition ‘Caricatura VI – The Comic Art – analog, digital, international’ in Kassel, a cartoon created by cartoonist Mario Lars was removed after protests that it offended religious sensibilities.
There is persistent sensitivity around artistic works depicting the Nazi period. In April 2013, the German version of an Icelandic author’s book was ‘censored’ by its publisher, who cut 30 chapters from Hallgrímur Helga’s novel, ‘The woman at 1000°’. Key passages about Hitler, concentration camps and SS were censored to fit the German market.
14 Aug 2013 | In the News
#DONTSPYONME
Tell Europe’s leaders to stop mass surveillance #dontspyonme
Index on Censorship launches a petition calling on European Union Heads of Government to stop the US, UK and other governments from carrying out mass surveillance. We want to use public pressure to ensure Europe’s leaders put on the record their opposition to mass surveillance. They must place this issue firmly on the agenda for the next European Council Summit in October so action can be taken to stop this attack on the basic human right of free speech and privacy.
(Index on Censorship)
ANGOLIA
Analysis: Angola illustrates the dangers of criminal defamation laws
South African media reacted nervously when a former Sowetan journalist was found guilty this week of criminal defamation. This was not an over-reaction, if the example of Angola is anything to go by. Do we really want to be taking media management lessons from José Eduardo dos Santos?
(Daily Maverick)
AUSTRALIA
Public servants and free speech
On Monday, August 13, Canberra public servant Michaela Banerji lost a case in the Federal Circuit Court before Judge Neville, which has paved the way for her possible dismissal from the Department of Immigration.
(The Conversation)
BAHRAIN
Bahrain activists to test demo ban at U.S. embassy
Bahraini opposition activists, inspired by the success of street protests in Egypt, plan to demonstrate near the U.S. embassy on Wednesday in defiance of a government ban.
(The Daily Star)
BRAZIL
U.S.-Brazil relations face ‘challenge’ under dark cloud of NSA leaks
The United States pledged on Tuesday that Brazil and other allies will get answers about American communications surveillance aimed at thwarting terrorism, but gave no indication it would change the way it gathers such information.
(The Globe and Mail)
EGYPT
Press Freedom at Risk in Egypt
Hopes for press freedom were high after the 2011 revolution ousted Hosni Mubarak, led to an explosion of private media outlets, and set the country on a path to a landmark presidential election. But more than two years later, a deeply polarized Egyptian press has been battered by an array of repressive tactics, from the legal and physical intimidation of Mohamed Morsi’s tenure to the wide censorship of the new military-backed government. A CPJ special report by Sherif Mansour with reporting by Shaimaa Abu Elkhir from Cairo
(CPJ)
FRANCE
Twitter in hot water again in France – this time, for Homophobic Hashtags
The problem with giving into the requests of the government is that, well, you have to follow through. After an altercation with a few advocacy groups and the French government over some anti-Semitic trending hashtags earlier this year, Twitter promised to provide a streamlined access for users ( & the government) to signal inappropriate content. They also suggested that they would be turning over account information of users who use hate speech on the social network so that the French government can pursue those users for violating France’s free speech laws.
(Rude Baguette)
RUSSIA
In Russia only tyrants’ names change
The news out of Russia never seems to be new. The names change, not the essence. Nor does the reaction of Russia-watchers: a deep, hopeless, wordless sigh. As if to say: What’s to be said? Ah, Russia!
(Boston Herald)
Olympic athletes who promote ‘non-traditional sexuality’ will be arrested
Athletes at the Winter Olympics will be arrested if they breach Russia’s controversial ‘gay propaganda’ laws, the country’s interior ministry has confirmed.
(Metro)
Previous Free Expression in the News posts
Aug 13 |Aug 12 |Aug 9 |Aug 7 | Aug 6 | Aug 5 | Aug 2 | Aug 1 | July 31 | July 30 | July 29 | July 26 | July 25 | July 24 | July 23 | July 22 | July 19
12 Aug 2013 | In the News
#DONTSPYONME
Tell Europe’s leaders to stop mass surveillance #dontspyonme
Index on Censorship launches a petition calling on European Union Heads of Government to stop the US, UK and other governments from carrying out mass surveillance. We want to use public pressure to ensure Europe’s leaders put on the record their opposition to mass surveillance. They must place this issue firmly on the agenda for the next European Council Summit in October so action can be taken to stop this attack on the basic human right of free speech and privacy.
(Index on Censorship)
AUSTRALIA
Party profile: The Pirate Party
The Pirate Party of Australia will be fielding eight Senate candidates at the upcoming federal election.
(World News Australia)
BAHRAIN
Teacher ‘should have faced trial’
An American kindergarten teacher, who was deported for having links with radical opposition groups, should have been put on trial, according to political societies.
(Gulf Daily News)
CHINA
Popular China bloggers should ‘promote virtues’
Chinese Internet celebrities have been told to “promote virtues” by a leading official, state media said Sunday, after a singer sparked a free speech debate by venting about bombing government offices.
(Yahoo)
GLOBAL
The Pirate Bay Launches Censorship-Dodging Web Browser
Notorious torrent-sharing site The Pirate Bay is 10 years old today, and they got you a little something. They launched PirateBrowser, a custom Firefox browser that skirts Internet censorship and lets you access the Pirate Bay from anywhere. We should at least send them a card or something.
(Geekosystem)
INDIA
Stand up for freedom of expression: Anand Patwardhan
Acclaimed documentary filmmaker AnandPatwardhan believes civil society groups in Gujarat must unite to defend the right to free expression, especially of oppressed sections.
(Times of India)
Freedom of Expression: Indians are Becoming Increasingly Intolerant
Instead of nurturing the spirit of debate, we have become aggressive, bigoted and abusive
(Forbes India)
RUSSIA
Russia asked by IOC about gay propaganda law
Mr Rogge said in Moscow that Russian written reassurances over the Winter Olympics in Sochi needed clarification. “We don’t think it is a fundamental issue, more a translation issue.”
(Radio New Zealand)
SOUTH AFRICA
Fear of offending betrays hard-won rights
When President Jacob Zuma and the ANC calls on “intellectuals” not to be “antagonistic”, it raises several questions, says Judith February and Richard Calland.
(St Kitts News)
ST KITTS
Press Freedom and Freedom of Information Act
Press freedom and Freedom of Information Act are like two wings on which transparency, accountability and openness in government rises to the needs of democracy and good governance.
(St Kitts News)
SWITZERLAND
The power of pictures
Swiss photographer Christian Lutz began a reportage on the International Christian Fellowship (ICF) more than two years ago after gaining explicit approval from the founder of the community, its managers and event organisers. But more than 20 legal complaints stopped the publication of Lutz’s book, In Jesus’ Name.
(Swiss Broadcasting Corporation)
UNITED STATES
‘Boobies,’ the courts and free speech
The courts must protect the rights of students to express themselves on social and political issues.
(Los Angeles Times)
Political signs are free speech, not a blight on suburban lawns
While many consider political signs ugly and annoying, they are free speech at its purest. In case after case, courts have struck down efforts to limit this most basic form of political speech. In 1994, the U.S. Supreme Court ruled unanimously in City of Ladue et al. v. Gilleo that curbs on political lawn signs were unconstitutional.
(Syracuse.com)
Previous Free Expression in the News posts
Aug 9 |Aug 7 | Aug 6 | Aug 5 | Aug 2 | Aug 1 | July 31 | July 30 | July 29 | July 26 | July 25 | July 24 | July 23 | July 22 | July 19 | July 18 | July 17
6 Aug 2013 | In the News
#DONTSPYONME
Tell Europe’s leaders to stop mass surveillance #dontspyonme
Index on Censorship launches a petition calling on European Union Heads of Government to stop the US, UK and other governments from carrying out mass surveillance. We want to use public pressure to ensure Europe’s leaders put on the record their opposition to mass surveillance. They must place this issue firmly on the agenda for the next European Council Summit in October so action can be taken to stop this attack on the basic human right of free speech and privacy.
(Index on Censorship)
BAHRAIN
After Arresting and Disappearing of Two Journalists, ANHRI Demands Revealing their Fate
The Arabic Network for Human Rights Information (ANHRI), denounces the continuing harassments against the photographers and the journalists by the Bahraini authorities in addition to arresting them without clear reasons in addition to the denial of the authorities for its relation with some of the direct detention process, which arouse concerns related to the life of the detainees.
(ANHRI)
BRAZIL
Citizen journalists take on Brazil’s media
The Ninja media group want independent journalism and a revolution of Brazil’s media coverage. During the country’s recent unrest, the citizen journalists were hailed as an alternative to major media outlets.
(DW)
CHINA
Fear and Loathing at the China Daily
When Mitch Moxley arrived in Beijing in 2007 to work for China’s largest English-language daily, he discovered life in the Chinese media could be very strange indeed.
(The Atlantic)
IRAN
Hassan Rouhani raises Iranian hopes for free expression
During his inauguration address, Iran’s new president Hassan Rouhani promised peace and a push towards a more open dialogue with the West. Although it is far too soon to gauge whether his promises will transform into policies as he pushes against Iran’s convoluted theocracy, one thing is certain–Rouhani’s election has instilled a great feeling of hope among the Iranian people. Small Media reports
(Index on Censorship)
ITALY
Hundreds expected to protest anti-free speech ‘homophobia’ law in Rome, Paris
Up to 500 people are expected to hold a demonstration later tonight outside the Italian parliament to protest a bill that would criminalize homophobia and “transphobia,” something constitutional experts believe would shut down citizens’ right to free speech, especially for Christians.
(LifeSiteNews.com)
KENYA
Parliament Should Not Kill the Freedom of Expression
As Parliament passes the forthcoming media bill, it should remember Kenya and her development require more, not less freedom of the media.
(The Star via AllAfrica.com)
RUSSIA
Banned, unbanned – film debacle continues
“We have the greatest constitution on the planet,” tweeted a relieved Jahmil Qubeka after the Film and Publishing Board’s Appeal Tribunal unbanned his film Of Good Report over the weekend.
(Index on Censorship)
SOUTH AFRICA
Banned, unbanned – film debacle continues
“We have the greatest constitution on the planet,” tweeted a relieved Jahmil Qubeka after the Film and Publishing Board’s Appeal Tribunal unbanned his film Of Good Report over the weekend.
(Grocott’s Mail)
The futility of online censorship
Local legislators should not follow the UK prime minister’s ill-advised plan, says Andrew Verrijdt.
(TechCentral)
TUNISIA
How Censorship Stifled Us In Tunisia
During the era of former Tunisian President Ben Ali, book-shoppers were banned from buying books that have anything to do with politics. Being exposed to such books would allow both intellectuals and common people to better understand the nature of political life in Tunisia and ultimately realize that Tunisians are indeed living under the shadows of dictatorship.
(The Tunis Times)
TURKEY
Turkey sentences nearly 300 for “plotting coup”
A Turkish court on Monday sentenced a former military commander to life in prison and dozens of others including opposition members of parliament to long terms for plotting against the government, in a case that has exposed deep divisions in the country.
(Al-Akhbar)
UNITED ARAB EMIRATES
Journalist Held Incommunicado, Netizens Arrested, Censorship
Reporters Without Borders condemns Egyptian journalist Anas Fouda’s detention by the authorities in the United Arab Emirates for the past month. Based for many years in the UAE, Fouda has been held incommunicado ever since his arrest on 3 July.
(RSF via AllAfrica.com)
UNITED STATES
Children given lifelong ban on talking about fracking
Two Pennsylvanian children will live their lives under a gag order imposed under a $750,000 settlement
(The Guardian)
Judge Says No Speech Protection Applied To Whistleblower Cop
A Federal Judge last week dismissed a lawsuit by an NYPD officer who said he was punished when he complained about quotas in his precinct, ruling that constitutional protections on free speech do not apply because the officer was speaking as a member of the Police Department and not as a private citizen.
(The Chief)
Previous Free Expression in the News posts
Aug 5 | Aug 2 | Aug 1 | July 31 | July 30 | July 29 | July 26 | July 25 | July 24 | July 23 | July 22 | July 19 | July 18 | July 17 | July 16
