Germany changes law after 'Pinocchio' and 'Lying Fritz' cases

German political parties have agreed on an unusual issue: the law that punishes citizens for insulting politicians should be changed, following controversial investigations into people who called Chancellor Friedrich Merz "Pinocchio" and "Lying Fritz", writes the "Politiko" portal.

Although politicians from different political parties agree that the law should be changed, they cannot agree on how and when to do so, according to a "Politika" poll among MPs responsible for the issue from all parties represented in the Bundestag.

“We take seriously the criticism that in practice the impression may have been created that politicians enjoy special legal protection,” said Susanne Hirl, a member of parliament from Merz’s Christian Democratic Union (CDU). “Such preferential treatment was never the intention of the legislator.”

Moritz Opelt, the CDU justice minister of Baden-Württemberg, expressed a similar view, stating that the law should only serve its original purpose – to protect local politicians, who are often exposed to particularly harsh attacks.

“Leading politicians can and must take harsh criticism,” he said. “It is essential for our democracy that people can freely discuss political decisions at the federal and provincial levels and criticize them very harshly. This, of course, does not mean that insults in politics should become normal. There are limits.”

A similar view is shared by parties across Germany's divided political spectrum. The far-left Left Party and the far-right Alternative for Germany (AfD) want the law to be repealed completely, while the CDU, Greens and Social Democratic Party (SPD) support amendments to it.

"Politicians like Friedrich Merz insult ordinary people in this country every day, calling them lazy or slackers," said Left Party MP Luk Hoss, referring to the chancellor's statements that Germans should work harder to boost economic growth.

“This provision introduces a specific criminal offense that applies only to politicians and should be repealed.”

AfD MP Tobias Peterka said that harsh criticism goes with political office. "Anyone who voluntarily enters politics and exercises public power must - as the Federal Constitutional Court of Germany has repeatedly emphasized - endure harsher criticism than ordinary citizens, not milder," he said.

"Politiko" states that the provision of Article 188 of the Criminal Code, which provides special protection to politicians, has existed in some form since 1951 and was tightened by the government of former Chancellor Angela Merkel in 2021 as part of broader efforts to combat right-wing extremism and hate speech.

The reform followed the 2019 killing of CDU MP Walter Lübke by a right-wing extremist, as well as verbal and physical attacks on local politicians during the COVID-19 pandemic. Lübke was an outspoken advocate of German refugee policy under Angela Merkel.

Leading politicians can and must withstand harsh criticism. It is essential for our democracy that people can freely and very harshly criticize political decisions.

The law applies to public insults, including those on social media, when they are related to a politician's public office and are considered to seriously interfere with his work. Insulting a politician is punishable by up to three years in prison or a fine, while defamation and malicious spreading of falsehoods carry harsher penalties.

However, as the Brussels portal writes, the mood towards the law has changed after several recent investigations and proceedings against citizens for insulting politicians. One man was fined for calling Merc “lügenfritz”, or “lying Fric”, and another for calling him “fotzenfritz”, a derogatory term coined by a satirical magazine. “Fric” is a common nickname for Friedrich.

Andy Hittner, a 66-year-old pensioner from southwestern Germany, came under investigation after he wrote: "Pinocchio is coming" in a Facebook post by local police about security measures for Merck's planned visit.

“I thought it was quite appropriate to call Mr. Merck ‘Pinocchio,’ because he promised so much and delivered so little,” Hitner told Politiko. “It never occurred to me that I might get in trouble for that comment.”

After news of the investigation attracted widespread media attention - as well as condemnation from US Undersecretary for Public Diplomacy Sarah Rogers - the case was dropped.

Under German law, insulting any person can constitute a criminal offense, but insults and defamation of politicians carry harsher penalties.

There is growing agreement that such additional protection has gone too far. The CDU and the Greens believe that in future the law should primarily protect local politicians.

SPD Justice Minister Stefanie Hubig said in June that politicians should be subject to more criticism than ordinary citizens, broadly in line with the Greens and CDU. That same month, German state justice ministers called for the law to be limited to local officials.

For now, however, neither the ruling CDU nor the opposition Greens are preparing a legislative initiative after the summer break.

The Bundestag rejected the AfD's proposal to repeal Article 188, and the party has since submitted a new one. Centrist parties, however, refuse to cooperate with the far right, maintaining a so-called "protective wall" towards the AfD.

The Left has also submitted a parliamentary initiative relating to Article 188, which further confirms the broad consensus that the law should be changed, although the leading political parties have not yet taken concrete steps.