Germany moves to reform law protecting politicians from insults

Germany’s political parties have reached rare agreement that a law providing special protection to politicians from insults should be changed, following controversial investigations into people who mocked Chancellor Friedrich Merz as “Pinocchio” and “Lying Fritz.”

However, lawmakers remain divided over how and when the legislation should be amended, according to a POLITICO survey of members of the Bundestag responsible for the issue from each parliamentary party.

“We take seriously the criticism that, in practice, it may have created the impression of a special legal privilege for politicians,” said Susanne Hierl, a lawmaker from Merz’s centre-right Christian Democratic Union (CDU). “Such preferential treatment was never the intention of the legislature.”

Moritz Oppelt, the CDU justice minister of the southwestern state of Baden-Württemberg, also backed changes to the law. He argued that it should focus on its original purpose of protecting local politicians, who can be particularly exposed to personal attacks.

The provision, known as Section 188 of Germany’s criminal code, has offered special protection to politicians since 1951. It was strengthened in 2021 under then-Chancellor Angela Merkel’s government as part of wider efforts to combat right-wing extremism and hate speech.

The law covers insults made publicly or through social media when they are connected to a politician’s public role and considered capable of significantly obstructing their work. Those convicted of insulting politicians can face up to three years in prison or a fine, while defamation and “malicious gossip” can carry more severe penalties.

One man was fined for calling Merz “Lügenfritz,” or “Lying Fritz,” while another was prosecuted for using the term “Fotzenfritz” (“pussy-hound Fritz”), a defamatory nickname coined by a satirical magazine. “Fritz” is a common nickname for Friedrich.

No legislative proposals are currently being prepared.

By Sabina Mammadli