Volksverhetzung / Auschwitzluege

 

The constitution of the Federal Republic of Germany secures the freedom of speech and writing too. But there are some urgent exceptions to the American laws.

1st: The publication of true information:

You may publish true information about persons of public life (politicians, artists, sportsmen etc.), if there is a public interest. You are not allowed  to publish private matters of them.

You may publish true information about legal persons (firms, unions, parties, organizations of all kind etc.) and about nature, politics, science, arts, sport etc. in any case.

2nd: The publication of false information:

The freedom of speech and writing also secures the publishing of false information on principial, under the premises that you don´t offend against criminal laws like calumny, insult etc.. But the German laws only protect private persons and persons of public life (see above). But there are some unwelcome statements by political or religious reasons, and if you publish statements of this kind, you will be punished.

The Auschwitzluege will be the best example for such an unwelcome statement. The term "Auschwitzluege" ( lie of Oswiescim / Poland) describes the neglection or ignarance of the Nazi genocide especially against Jewish people during the 1930s and 1940s. People who spread this Auschwitzluege will be punished by the German justice in a very strict way. Wrongdoers have to reckon to be put in jail. The most other European states, the USA and Canada do not prosecute the Ausschwitzluege. But other whise the false denegation of other historical events is also allowed in the Federal Republic of Germany. The Federal Republic of Germany wants to forbid the Auschwitzluege whole over the European Union, because the Neo - Nazism is a worldwide movement.

The Auschwitzluege is an especially elements of an offense and encroaches constitutional princips. Besides them it´s disputable, wheter you can stop the Neo - Nazism on this way. The Volksverhetzung allows further than to punish other unwelcome statements, so even statements like "Tuerken ´raus!" (Turkish people go home!) could be punished. Misuse and arbitrary actions are possible. And so you can reduce every unwelcome critics to silence. The danger of misuse and arbitrary of the Volksverhetzung is a threat of the freedom of speech and writing, and at the other side the possible advantage is low.