Over the past three years, more than 1,300 citizens in Germany have faced legal proceedings for allegedly insulting public officials. The surge in cases, particularly under the current coalition government led by the Social Democrats (SPD), Greens, and Free Democrats (FDP), has prompted a nationwide debate over the limits of free speech.
Data obtained by Apollo News shows a sharp increase in such cases, with Green Party ministers Robert Habeck, the vice chancellor, and Annalena Baerbock, the foreign minister, filing a combined total of over 1,300 complaints. Many of these involve comments, memes, or social media posts deemed defamatory under Section 188 of the German Criminal Code.
One of the most controversial cases involved a 64-year-old pensioner from Bavaria, Stefan Niehoff, whose home was raided by police last week after he posted a meme calling Habeck an “imbecile.” Niehoff described the early-morning raid, during which his devices were confiscated, as reminiscent of practices in authoritarian regimes. According to prosecutors, the raid was prompted solely by the meme, which was interpreted as an effort to undermine Habeck’s role in government.
Habeck defended the action, asserting that such insults go beyond acceptable criticism. Earlier this week, he called for tighter regulations on social media to combat disinformation and enforce “rules of decency and democracy.” Critics warn that such measures curtail legitimate dissent and satire.
This is not an isolated case. Earlier this year, a Bavarian woman was fined €900 and had her home searched after sharing a meme that satirised statements by leading government officials, including Baerbock and Chancellor Olaf Scholz. Authorities deemed the meme a criminal offence despite its satirical nature.
The use of Section 188 to prosecute alleged insults has increased nationwide. In Münster, investigations rose from 17 in 2021 and 2022 combined to 137 in 2024. Halle witnessed similar growth, with cases jumping from 11 in 2022 to 81 so far this year.
The law, introduced during Angela Merkel’s tenure, allows politicians to file complaints if they believe defamatory remarks impede their official duties. Convictions can result in fines or prison sentences of up to three years. Critics say the law grants politicians disproportionate protection, stifling open criticism and satire.
