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Germany to crack down on online hate speech

With growing dangers from far-right extremist groups and torrents of threats against politicians, Germany is set to toughen online speech laws and tighten the screws on social networks.

Germany to crack down on online hate speech
Facebook and Twitter will quickly have to remove offending content as part of the new law. Photo: DPA

Ministers in Chancellor Angela Merkel's government are expected to wave through a new package of measures on Wednesday, days after 12 men were arrested for planning deadly attacks on mosques, communicating in part via chat groups.

“In future, those who make threats or spread hate online will be prosecuted more toughly and more effectively,” Justice Minister Christine Lambrecht said on her ministry's website.

READ ALSO: Germany to tighten hate speech and gun laws to target far right

One headline measure in the draft law will step up the pressure on social networking firms like Facebook and Twitter to quickly remove the offending content.

In future, the Silicon Valley giants will also have to report certain types of illegal posts to the federal police, who will be able to pass on actionable data to prosecutors.

'End up where they belong'

Covered under such rules would be neo-Nazi propaganda or plans to commit a terrorist attack.

But people approving of crimes, making death or rape threats or sharing child pornography images could also be caught in the widened net.

Social media platforms that refuse to cooperate will face fines of up to €50 million.

“Hate crimes will finally end up where they belong: before a court,” Interior Minister Horst Seehofer said.

On top of the new reporting processes, Berlin wants to toughen potential sentences, including up to three years in prison for online death or rape threats.

Especially in recent months, the spread of anti-Semitic messages online — including a bizarre screed written by the perpetrator of an attack targeting a synagogue in the eastern city of Halle in Octboer 2019 — has also grown.

The draft law would sharpen sentences still further for crimes arising from an anti-Semitic motive, which the justice ministry says have increased 40 percent since 2013.

But there are limits to the rules, leaving it up to the person affected to pursue cases of insult or libel.

In the most serious cases, such as terrorism or murder, network operators will be required to give up users' passwords to the authorities if ordered to by a judge — including if they are encrypted, a typical security measure.

“Extremists don't radicalize themselves out of nowhere,” justice minister Lambrecht said.

“Inhuman spreading of hate and threats online lower the thresholds” to violence, she added.

Ministers' plans have not gone unopposed in Germany, where debate is fierce between those who value online anonymity as a shield against the state and those who see unregulated online spaces as a threat.

Bullied out of office

Elsewhere in the draft law, the government aims to reinforce its ability to protect prominent personalities like politicians.

Threats and verbal or physical attacks have become more common against office holders, with 1,241 politically-motivated attacks targeting elected officials in 2019 and increasing numbers requiring police protection.

Some local politicians have in recent months given up their posts or said they will not stand for re-election following such threats.

In mid-January, bullet holes apparently inflicted by a pellet gun appeared overnight in the windows of an office belonging to Germany's only black MP, Karamba Diaby, provoking widespread outrage.

Politicians from across the spectrum declared solidarity with Diaby.

The apparent attack came months after regional politician Walter Lübcke, a vocal proponent of accepting refugees, was murdered outside his home last June.

READ ALSO: Political link suspected in German pro-migrant politician's murder

A neo-Nazi with a history of racially-motivated violent crimes is the prime suspect in the case.

In future, the authorities will be able to more easily protect personal data, including public registers, belonging to people in the public eye like politicians, journalists and activists.

Such individuals will be warned if someone else requests their personal information.

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CLIMATE CRISIS

Why are Last Generation activists in Germany getting prison sentences?

A Last Generation activist was sentenced to prison for criminal acts of protest on Wednesday. As investigations into the climate group continue, The Local takes a look at how German prosecutors are coming down hard on its activists.

Why are Last Generation activists in Germany getting prison sentences?

The Tiergarten District Court sentenced a leading member of the Last Generation climate activism organisation to a prison sentence of one year and four months without parole on Wednesday.

The sentence was confirmed to Tagesspiegel by a spokeswoman for the court.

Charges were brought against 32-year-old Miriam M., a leading organiser for Last Generation who has previously been fined for acts of protest. 

She has been found guilty of resisting law enforcement officers, damage to property, and coercion (here meaning recruiting members to commit similar acts).

According to the court, M. played a significant role in at least seven previous actions including five road blockades, and smearing orange paint on the façade of the Federal Ministry of Transport as well as the Gucci store on Berlin’s Ku’damm.

Miriam M. commented on the indictment on Platform X, suggesting that her crimes were committed in an effort to “to preserve our safe life in the future”.

READ ALSO: ‘Prepare for 3C rise’ – Europe warned it must do more to deal with climate crisis

In a statement on X, Last Generation stated: “If peaceful protest is criminalised, it concerns us all.”

This verdict comes as prosecutors across Germany appear to be cracking down on disruptive climate protests, especially on members of Last Generation.

This sentencing of M., along with the rulings on a number of on-going cases brought against her and other Last Generation members can be expected to shape how the German judiciary deals with disruptive climate protests going forward.

What’s the case against Last Generation?

Last Generation members are the target of multiple ongoing investigations in Germany. Several of which are looking into the suspicion that Last Generation is a “criminal organisation”.

As reported by Spiegel, the public prosecutor’s office in Neuruppin, a town in Brandenburg, has filed charges against five climate activists for the formation of a criminal organisation.

The initial crime at the centre of the Neuruppin investigation: tampering with an oil pumping station. Last Generation members admitted to turning off a pipeline connected to the PCK refinery in Schwedt with an emergency off switch.

oil pipeline shut down

Self-portrait of two members of Last Generation after they shut down an oil pipeline in an act of protest. Photo provided by Last Generation.

READ ALSO: Will US climate plans affect German gas supply?

The Flensburg public prosecutor’s office followed with its own charges brought specifically against Miriam M., on the suspicion that she “participated in a criminal organisation”.

This indictment also mentions a case of tampering with a crude oil pipeline as well as glueing herself to the runway of the Munich Airport, and taking part in the group that sprayed orange paint on a private jet on Sylt.

The Munich public prosecutor’s office is also investigating Last Generation.

But legal opinions are divided as to whether or not Last Generation should really be considered a criminal organisation.

According to Section 129 of Germany’s Criminal Code, an association is considered criminal if its purpose is to commit crimes – specifically crimes that are serious enough to warrant a two-year prison sentence. 

According to Reinhard Röttle, attorney general in Munich, the case is clear. He told Spiegel that the group “openly calls for crime and recruits members for this purpose”.

road blockade

Members of Last Generation block a highway in protest of Germany’s lack of action on climate change. Photo: picture alliance/dpa/ZUMA Press Wire | Andreas Stroh

But the chair of German and European criminal law at the University of Trier, Mohamad El-Ghazi doubts that the crimes committed by Last Generation have exceeded the threshold of significance: “We must not shoot sparrows with cannons”, he said about the cases brought so far.

Are climate protest groups being disproportionately targeted?

A common critique of Last Generation and similar activist groups is that they cross the line from peaceful protest to criminality when they block traffic or damage property.

However, members of the groups saying that politicians, corporations and society at large tends not to react to protests that aren’t disruptive.

A statement posted by Last Generation on X on Wednesday sums up the sentiment among young people in Germany who are concerned about the government’s watered-down climate policies:

“Breaking: The federal government is reacting to our protests and tightening the climate protection law!

Oh, misread.

The climate protection law is being watered down. Laws to ‘deter activists’ are being tightened.”

The post links to a press release from Germany Interior Ministry announcing that the Federal Cabinet adopted a draft law intended to increase the punishment for people who trespass on airport tarmacs.

If the law goes forward, protestors could face up to two years in prison should they try to block an airport runway in the future.

READ ALSO: INTERVIEW – ‘Failed climate policies are fuelling far-right politics in Germany’

Germany has a reputation for a strong commitment to freedom of speech and the right to protest. But some watchdog groups suggest that these standards are slipping.

Global civil society alliance CIVICUS, which monitors civil freedoms around the world, downgraded Germany’s human rights rating from “open” to “narrowed” back in 2023.

The report cited disproportionate force used against climate protests, and the police raids against Last Generation specifically in their report.

“Germany used to be one of the most free countries in Europe. Now Germany is leading the pack in the EU-wide crackdown on climate activism,” said Tara Petrović, CIVICUS Monitor’s Europe and Central Asia researcher in a statement.

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