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Ortodoxinfo (Romanian) · Aug 17 View source View full article on hyper.nooz.ai

„Pinocchio” și „Fritz Mincinosul”: Legea contra insultării politicienilor contestată în Germania după anchetele declanșate de poreclele lui Friedrich Merz

🌐 Quote shown in the original Romanian — English translation below

… iar altul pentru că l-a numit „Fotzenfritz” (o poreclă defăimătoare inventată de o revistă satirică). „Fritz” este un diminutiv comun pentru Friedrich.

Andy Hüttner, un pensionar în vârstă de 66 de ani din sud-vestul Germaniei, a fost investigat pentru că a scris „Vine Pinocchio” la o postare pe Facebook a poliției locale referitoare la măsurile de securitate pentru o vizită planificată a lui Merz.

„Am crezut că a-l numi pe domnul Merz «Pinocchio» era cât se poate de potrivit, deoarece a promis atât de multe și a livrat atât de puțin”, a declarat Hüttner pentru POLITICO. „Nu mi-a trecut nicio secundă prin minte că mi s-ar putea întâmpla ceva din cauza acelui comentariu.”

După ce vestea anchetei a stârnit un scandal mediatic — și condamnarea din partea subsecretarului de stat american pentru diplomație publică, Sarah Rogers — dosarul a fost clasat.

Conform legii germane, insultarea oricărei persoane (Beleidigung) poate constitui o infracțiune penală, însă legea destinată politicienilor înăsprește pedepsele pentru insulte și defăimare.

Cu toate acestea, există un consens …

Against · Friedrich Merz
Sentiment: negative

The speaker uses a derogatory nickname to criticize Merz for failing to deliver on promises.

🇬🇧 English translation

“Pinocchio” and “Fritz the Liar”: The law against insulting politicians contested in Germany following investigations triggered by Friedrich Merz's nicknames

The criminal prosecution of citizens who used satirical epithets toward Chancellor Friedrich Merz, such as “Pinocchio” or “Fritz the Liar,” has triggered a wave of dissatisfaction and united parties in the Bundestag in an unusual conclusion: the law regarding the protection of politicians against insults must be reformed. Although political leaders across the spectrum agree that the current legislative framework creates the impression of an unjustified privilege, disagreements regarding how and when the article in the Penal Code should be modified are blocking a concrete change for the moment, writes Politico.

The criminal investigation of persons who called Merz “Pinocchio” and “Fritz the Liar” has sparked calls for reform from all political spectrums.

Political parties in Germany have reached an unusual point of agreement: the law that punishes citizens for insulting politicians must be modified, following controversial investigations targeting individuals who mocked Chancellor Friedrich Merz by calling him “Pinocchio” and “Fritz the Liar” (“Lügenfritz”).

However, although politicians across the entire political spectrum agree that the law must be corrected, they are unable to agree on how and when it should be changed, according to a survey conducted by POLITICO among the parliamentarians responsible for this field in each party represented in the Bundestag.

“We are taking seriously the criticisms that, in practice, an impression of a special legal privilege for politicians may have been created,” said Susanne Hierl, a deputy from the Christian Democratic Union (CDU), Merz's center-right party. “Such preferential treatment was never the intention of the legislator.”

Moritz Oppelt, the CDU Minister of Justice for the state of Baden-Württemberg in southwestern Germany, supported the same idea, arguing that the law should only fulfill its original purpose: protecting local politicians, who are often the targets of particularly virulent attacks.

“High-ranking politicians can and must be able to withstand harsh criticism,” he said. “It is essential for our democracy and is part of how we understand democracy in Germany—that people are free to discuss and criticize federal and regional political decisions very harshly. This does not mean that insults in the political sphere should become the norm. There are, of course, limits.”

Variations of this opinion find consensus across Germany's fragmented political spectrum. The Left Party (Die Linke, far-left) and the Alternative for Germany party (AfD, far-right) want the complete abolition of the law, while the CDU, the Greens, and the Social Democratic Party (SPD, center-left) support its revision.

“Politicians like Friedrich Merz insult ordinary people in this country daily, calling them lazy or fake,” said Luke Hoss, a parliamentarian from the Left, referring to the Chancellor's statements that Germans should work harder to stimulate economic growth. “The provision creates a special offense that applies only to politicians and should be eliminated.”

Tobias Peterka, an AfD parliamentarian, stated that harsh criticism comes with the job. “Anyone who voluntarily enters politics and exercises public authority must—as the Federal Constitutional Court of Germany has repeatedly emphasized—tolerate harsher criticism than a private citizen, not less,” he argued.

Although a version of the law that offers special protection to politicians—Article 188 of the Penal Code—has existed since 1951, the government of former Chancellor Angela Merkel tightened the legislation in 2021 as part of broader efforts to combat right-wing extremism and hate speech.

The reform came after the 2019 murder of CDU deputy Walter Lübcke by a far-right extremist and amid verbal and physical attacks on local politicians during the COVID-19 pandemic. Lübcke had been a firm supporter of Germany's refugee policy under the Merkel administration.

The law applies to insults made publicly or via social networks when they are related to the politician's public role and are considered to significantly impede their activity. Perpetrators risk up to three years in prison or a fine for insulting politicians; defamation and “malicious slander” attract even more severe penalties.

However, public opinion has turned against the law following several recent criminal investigations and prosecutions against ordinary citizens for insulting politicians. One man was fined for calling Merz “Lügenfritz” (“Fritz the Liar”), and another for calling him “Fotzenfritz” (a defamatory nickname invented by a satirical magazine). “Fritz” is a common diminutive for Friedrich.

Andy Hüttner, a 66-year-old retiree from southwestern Germany, was investigated for writing “Pinocchio is coming” on a local police Facebook post regarding security measures for a planned visit by Merz.

“I thought calling Mr. Merz ‘Pinocchio’ was quite appropriate, because he promised so much and delivered so little,” Hüttner told POLITICO. “It didn't cross my mind for a second that something might happen to me because of that comment.”

After news of the investigation sparked a media scandal—and condemnation from the American Under Secretary of State for Public Diplomacy, Sarah Rogers—the case was dropped.

Under German law, insulting any person (Beleidigung) can constitute a criminal offense, but the law intended for politicians increases the penalties for insults and defamation.

Nevertheless, there is a growing consensus that the law attempting to offer additional protection to politicians has gone too far.

CDU deputy Hierl stated that local politicians still need protection. “Therefore, we will carefully re-examine both the wording of Article 188 and how it is applied,” she said.

The Greens, currently in opposition, agree that the law should focus on protecting local politicians.

“Arrogance or the repeal of Article 188 of the German Penal Code would send the wrong signal,” wrote Lena Gumnior, a parliamentarian from the party, in a statement. “I could, however, foresee a reform of Article 188 so that it only applies to persons holding elected positions at the municipal level.”

SPD Minister of Justice Stefanie Hubig stated in June that politicians must be able to tolerate more criticism than ordinary citizens, largely reiterating the position of the Greens and the CDU. In June, justice ministers from the German states requested a restriction on the application of the law so that it would only target municipal elected officials.

Currently, however, neither Merz's CDU party in government nor the opposition Greens are preparing a legislative project for the period after the parliamentary recess.

An AfD bill to repeal Article 188 was rejected by a vote in the Bundestag, and although the party has since introduced another bill, centrist parties have committed not to cooperate with the far-right, maintaining a so-called “cordon sanitaire” (firewall) around it.

The Left Party has also submitted a parliamentary motion regarding Article 188, another piece of evidence of the broad consensus regarding the modification of the law—even if politicians from the traditional parties have not yet put this into practice.

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