Once again, eugyppius helpfully illustrates the broad range of freedoms German citizens enjoy in their online activities and the totally reasonable and not-at-all-insane restrictions to those rights:
It’s been a while since I last wrote about the highly advanced democratic freedoms that we enjoy in Germany. Here in the Federal Republic, the police will never fine you or harass you or raid your house for criticising the government – except, of course, when they do all of these things, because you happened not even to tweet, but merely to retweet, the wrong image.
Stefan Niehoff is a 64 year-old retiree who lives in the small town of Burgpreppach in Lower Franconia. He runs an X account with 1,200 followers, where he occasionally expresses his dissatisfaction with the present state of German politics and with the Greens in particular.
In June 2024, he retweeted this image …
… which appropriates the logo of a popular cosmetic brand to suggest that Robert Habeck, our Green Minister of Economic Affairs, might be a “professional moron”.
Habeck and his associates are notorious for pursuing internet users who share highly illegal content of this nature. They brought Niehoff’s retweet to the attention of authorities, and the Bamberg public prosecutor’s office decided that Niehoff was indeed guilty of a criminal speech offence. The Bamberg District Court then issued an order permitting the police to search Niehoff’s residence and confiscate his electronic devices.
In this order, reproduced by NiUS, the judges explained their rationale as follows:
On the basis of the investigations to date – in particular the screenshots of the posts and the investigations into the user of the X-account “IchbinFeinet” – there exists the following suspicion of a criminal offence:
The accused is the user of the account “IchbinFeinet” on the internet platform X with approx. 901 followers.
At a time that cannot now be determined more precisely, in the days or weeks before 20 June 2024, the accused published an image file using his account that showed a portrait of the Federal Minister of Economic Affairs with the words “professional moron” … in order to defame Robert Habeck in general and to make his work as a member of the federal government more difficult.
The public prosecutor’s office affirms the public interest in criminal prosecution.
This is punishable as defamation directed against persons of political life in accordance with §§ 185, 188 para. 1, 194 StGB. …
The measures ordered are proportionate to the severity of the offence and the strength of the suspicion and are necessary for the investigation …
Armed with this document, Schweinfurt police showed up at Niehoff’s house at 6:14am yesterday morning and took his tablet. Police later told the press that the raid was one in a series of enforcement actions – part of something called “an action day against cybercrime”. By harassing a lot of cybercriminals all at once, police and prosecutors hope to send a message to the people of Germany that they cannot just retweet anything, and that they may only retweet the right things.
