German state justice ministers vote to strip top politicians of special insult protections
Germany's state justice ministers agreed in Hamburg to restrict enhanced criminal penalties for political insults to local officeholders, removing top federal politicians from the law's scope after a controversial court ruling earlier this year.
State justice ministers meeting at their spring conference in Hamburg voted to limit the scope of Section 188 of the German Criminal Code, a provision that provides heightened penalties for insults against politicians. The decision followed a motion tabled by the states of Saxony and Baden-Württemberg.
What the ministers decided
Under the agreed reform, the special protection of Section 188 would apply only to holders of local offices and mandates. Top politicians, including members of the federal government, would no longer be covered. Insults against them would revert to the general insult offense under Section 185, which carries a maximum penalty of two years instead of three and requires the victim to press charges. The conference resolution is a recommendation; the final decision rests with the Bundestag.
Local officials need the shield
Saxony's Justice Minister Constanze Geiert argued that a special provision in criminal law is unnecessary for top politicians. "For top politicians, no special rule in criminal law is needed," she said. Criticism of those in power, she added, must fundamentally remain possible in a democracy. Local politicians, however, deserve stronger protection because they often serve on a voluntary basis and face direct hostility.
Baden-Württemberg's Justice Minister Moritz Oppelt struck a similar note. "Top politicians have to endure tough confrontations," he said. The state cannot afford, he argued, for local politicians to throw in the towel out of frustration over attacks that are not met with effective countermeasures. Both ministers also pointed to the burden on the justice system, with Oppelt noting that prosecutors and courts have more urgent matters to handle.
A law shaped by violence and a Facebook post
The provision was broadened in 2021, partly in response to the 2019 murder of Walter Lübcke, the CDU government president of Kassel. The current wording sets an elevated sentencing range for insult, defamation and slander against "persons in political life," and allows prosecution without a formal complaint.
The debate gained fresh urgency after the Öhringen district court issued a penalty order in March 2026. A Facebook user was fined 30 daily rates for calling Chancellor Friedrich Merz "Lügenfritz" ("lying Fritz"). The case prompted several CDU politicians to call for the repeal of Section 188, while SPD figures expressed skepticism.
For top politicians, no special rule in criminal law is needed.
Top politicians have to endure tough confrontations.
A wider discussion on free speech
Federal Justice Minister Stefanie Hubig of the SPD acknowledged the tension between protection and open debate. "The concern behind Section 188 remains valid," she said. "If we do not properly protect local politicians, at some point we will no longer have any willing to serve." At the same time, she noted that the provision does not criminalize anything that is not already punishable, and the conference's decision reflects unease that automatic prosecution could be seen as the state sanctioning criticism of those in power too harshly.
