We need to talk about FREE SPEECH IN GERMANY | Feli from Germany

00:33:23
https://www.youtube.com/watch?v=DZJPslkW47g

Résumé

TLDRThe video compares free speech in Germany and the U.S., particularly in light of recent criticisms from U.S. Vice President JD Vance. It discusses Germany's legal framework established post-WWII, emphasizing the protection of human dignity and limitations on free expression, especially regarding hate speech and personal honor. It explains how insults can be legally prosecuted in Germany but highlights the balance with personal freedoms. The video critiques the rising enforcement of hate speech laws online and the public discourse surrounding these laws, noting how perspectives on free speech differ greatly between the U.S. and Germany, influenced by historical context and cultural norms.

A retenir

  • 🇩🇪 Germany's post-WWII laws prioritize human dignity and prevent totalitarianism.
  • ⚖️ Insults can be legally prosecuted in Germany, unlike in the U.S.
  • 💻 Online hate speech regulations have intensified since 2017's Network Enforcement Act.
  • 📉 Germany ranks high on freedom of expression indices compared to the U.S.
  • 🔍 Criticism of enforcing hate speech laws suggests potential overreach on personal freedoms.

Chronologie

  • 00:00:00 - 00:05:00

    The video introduces the controversy over free speech in Germany, sparked by Vice President JD Vance's speech and a CBS '60 Minutes' episode, raising concerns about a possible decline in free speech in Germany. The host, originally from Munich, aims to clarify the current legal framework, historical context, and the differences between German and US free speech laws.

  • 00:05:00 - 00:10:00

    The host shares insights on the legal nature of free speech in Germany, emphasizing its Constitution, drafted post-WWII to protect human dignity and prevent totalitarianism. Article 1 enshrines the inviolable rights of individuals, and subsequent articles outline freedoms, including expression, with defined limits, emphasizing personal honor and protection against hate speech.

  • 00:10:00 - 00:15:00

    The video discusses the implications of Article 5 of the German Constitution, which guarantees freedom of expression but specifies limits, notably concerning personal honor and who can take legal action. The discussion includes the mechanisms behind insults and defamation laws, illustrating how personal rights must be balanced against freedom of expression.

  • 00:15:00 - 00:20:00

    The historical context of laws surrounding hate speech is analyzed, with specific references to protections against hate crimes informed by the atrocities of the Nazi regime. The legal framework also covers Holocaust denial and propaganda against organized crimes, underscoring the need to prevent hate speech, establishing guidelines for identifying and prosecuting such actions.

  • 00:20:00 - 00:25:00

    The host explains recent updates to German laws, particularly the 2017 Network Enforcement Act aimed at regulating social media content to combat hate speech, leading to police involvement and community raids against online hate speech. The video also highlights international comparisons and criticisms of legal enforcement protocols, suggesting a need for a balance between safety and free expression.

  • 00:25:00 - 00:33:23

    In the conclusion, the video emphasizes that freedom of expression is constitutionally protected in Germany while noting that context and historical perspectives shape laws. The host encourages respectful debate and reflection on different interpretations of freedom of speech and its application, both in Germany and the US.

Afficher plus

Carte mentale

Vidéo Q&R

  • What is the historical background of free speech in Germany?

    Free speech laws in Germany were established post-WWII with the Grundgesetz (Basic Law) to prevent totalitarianism and protect human dignity.

  • Are insults considered a crime in Germany?

    Yes, certain insults can be prosecuted under German law as they violate individual personal honor.

  • How does Germany regulate hate speech?

    Germany has specific laws against hate speech that prohibit incitement to hatred, particularly aimed at minority groups.

  • Is there a comparison between U.S. and German free speech laws?

    Yes, the U.S. has broader protections under free speech which often include insults, while Germany has specific laws against them.

  • Is the enforcement of hate speech laws in Germany new?

    While the laws are not new, there has been an increased effort to enforce them online since the introduction of the Network Enforcement Act in 2017.

  • What criticisms exist regarding Germany's free speech laws?

    Critics argue that these laws may infringe on personal freedom and can lead to overreach, especially regarding online regulations.

  • How does public perception differ between the U.S. and Germany regarding free speech?

    Public perception varies, with Americans generally valuing unrestricted speech, while Germans prioritize preventing hate speech and protecting dignity.

  • What constitutes illegal hate speech in Germany?

    Illegal hate speech includes inciting hatred against groups based on nationality, ethnicity, or religion and Holocaust denial.

  • How does the U.S. compare to other countries in terms of freedom of expression?

    The U.S. generally ranks lower in freedom of press compared to Germany and other European countries.

  • What is the Munich Security Conference's role in this discussion?

    The conference's choice to exclude certain parties sparked debates about free speech, as it reflects control over dialogue in sensitive discussions.

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  • 00:00:00
    does Germany have free speech vice
  • 00:00:02
    president JD Vance and a recent episode
  • 00:00:04
    of the CBS show 60 Minutes led a lot of
  • 00:00:08
    people here in the US and the rest of
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    the world to believe that free speech in
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    Germany and Europe in general is under
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    threat but is that really the case let's
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    talk about
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    [Music]
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    [Applause]
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    [Music]
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    it hello sa and welcome back to my
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    YouTube channel my name is phy I'm
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    originally from Munich Germany but I've
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    been living here in Cincinnati Ohio
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    since 2016 and as we all know the US is
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    a country that was founded on the idea
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    of freedom and the right to free speech
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    is a big part of that that's why it was
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    very shocking to so many Americans to
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    hear that in European countries that
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    right is supposedly in Decline and
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    that's totally understandable but I
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    think it's worth digging a little deeper
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    here and getting a better understanding
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    of what free speech actually looks like
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    in other parts of the world now I won't
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    be able to do a full-on deep dive for
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    every single country in Europe but as a
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    German I do want to take a closer look
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    at the situation in Germany today and
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    believe me I'm excited to get back to
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    some more light-hearted content here
  • 00:01:15
    soon but there were a lot of requests
  • 00:01:17
    for a video on this topic so let's take
  • 00:01:20
    a look at the legal framework of free
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    speech in Germany the historical
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    background how these laws are being
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    applied to the digital world and how
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    free spe speech in Germany compares to
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    the US and the rest of the world as
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    Germany on February 13th the American
  • 00:03:52
    vice president JD Vance gave a speech at
  • 00:03:55
    the Munich security conference which as
  • 00:03:58
    the name suggests takes place in Munich
  • 00:04:00
    every year and during that speech he
  • 00:04:02
    said this the threat that I worry the
  • 00:04:04
    most about VAV Europe is not Russia it's
  • 00:04:08
    not China it's not any other external
  • 00:04:11
    actor and what I worry about is the
  • 00:04:13
    threat from within the retreat of Europe
  • 00:04:18
    from some of its most fundamental values
  • 00:04:20
    values shared with the United States of
  • 00:04:22
    America he then went on to talk about
  • 00:04:24
    the Romanian election being analed
  • 00:04:26
    French president maon suggesting that
  • 00:04:28
    the EU could potentially shut down
  • 00:04:30
    social media platforms Germany
  • 00:04:32
    conducting raids on individuals for
  • 00:04:34
    posting hateful content online a Swedish
  • 00:04:37
    man who was convicted for burning the
  • 00:04:38
    Quran and a Brit who was convicted for
  • 00:04:41
    breaching the safe zone of an abortion
  • 00:04:43
    clinic before he concluded and Britain
  • 00:04:46
    and across Europe free speech I fear is
  • 00:04:49
    in Retreat and later in the speech he
  • 00:04:52
    said which of course brings us back to
  • 00:04:55
    Munich where the organizers of this very
  • 00:04:57
    conference have banned lawmakers is
  • 00:04:59
    representing populist parties on both
  • 00:05:01
    the left and the right from
  • 00:05:02
    participating in these conversations
  • 00:05:04
    referring to the organizer of the
  • 00:05:06
    conference not inviting any politicians
  • 00:05:08
    from the farri party afd and the
  • 00:05:11
    leftwing populist party BSW I'll link a
  • 00:05:14
    video to the full speech down below for
  • 00:05:15
    you guys additionally just two days
  • 00:05:17
    after this speech the CBS news program
  • 00:05:20
    60 Minutes published a piece on how
  • 00:05:22
    German authorities have increasingly
  • 00:05:25
    been Prosecuting hate speech online
  • 00:05:27
    again I'll link the full 13-minute
  • 00:05:29
    episode down below but it caused major
  • 00:05:31
    outrage with the comment section looking
  • 00:05:34
    like
  • 00:05:34
    [Music]
  • 00:05:39
    this I think what shocked viewers the
  • 00:05:42
    most about this episode was that they
  • 00:05:44
    started out by showing police actually
  • 00:05:46
    ringing at someone's door and searching
  • 00:05:49
    their apartments with the explanation
  • 00:05:51
    that this person had posted a racist
  • 00:05:53
    cartoon on the internet which yes does
  • 00:05:55
    seem very extreme JD Vans tweeted in
  • 00:05:58
    response to this insulting someone is
  • 00:06:00
    not a crime and criminalizing speech is
  • 00:06:03
    going to put real strain on European us
  • 00:06:05
    relationships so what do free speech and
  • 00:06:08
    hate speech laws look like in Germany
  • 00:06:10
    let's take a
  • 00:06:12
    look in order to understand the legal
  • 00:06:15
    conditions of free speech in Germany I
  • 00:06:17
    think we need to go all the way back to
  • 00:06:19
    the year 1949 when post World War II the
  • 00:06:22
    Western occupation zones officially
  • 00:06:24
    founded a new German State called bundes
  • 00:06:28
    Republic deutchland so Federal Republic
  • 00:06:30
    of Germany this new country's
  • 00:06:32
    Constitution called the grun gazet was
  • 00:06:35
    drafted in close collaboration with the
  • 00:06:38
    Western Allied Powers aka the UK France
  • 00:06:42
    and the us as a direct response and
  • 00:06:45
    lesson learned from the inhumane
  • 00:06:47
    atrocities that took place during the
  • 00:06:49
    Nazi regime the very first article of
  • 00:06:52
    the Constitution states
  • 00:07:00
    Al so human dignity shall be inviolable
  • 00:07:03
    to respect and protect it shall be the
  • 00:07:06
    duty of all state Authority and further
  • 00:07:09
    the German people therefore acknowledge
  • 00:07:11
    inviolable and inalienable human rights
  • 00:07:14
    as the basis of every Community of Peace
  • 00:07:16
    and of Justice in the world the
  • 00:07:18
    following basic rights shall bind the
  • 00:07:20
    legislature the executive and the
  • 00:07:22
    Judiciary as directly applicable law
  • 00:07:25
    after the Nazi regime had systematically
  • 00:07:28
    disregarded human rights and violated
  • 00:07:30
    human dignity through genocide aka the
  • 00:07:33
    Holocaust persecution forced labor and
  • 00:07:37
    henics policies the new German State
  • 00:07:39
    wanted to make sure that something like
  • 00:07:41
    that could never happen again that's why
  • 00:07:44
    they tried to implement guard rails that
  • 00:07:46
    the previous Constitution the one from
  • 00:07:48
    the Vima Republic was lacking and that
  • 00:07:50
    eventually led to Germany's first
  • 00:07:52
    Democratic Republic legally being turned
  • 00:07:55
    into a brutal dictatorship so post World
  • 00:07:57
    War II the goal was and is to the stay
  • 00:08:00
    to protect human rights and prevent any
  • 00:08:04
    possible return to totalitarianism
  • 00:08:06
    that's also why article one is protected
  • 00:08:08
    by The Eternity Clause meaning it cannot
  • 00:08:11
    be abolished or changed in its meaning
  • 00:08:13
    and why it has no limitations and cannot
  • 00:08:16
    be restricted even in cases of National
  • 00:08:19
    Emergency and as the very first part of
  • 00:08:21
    the Constitution it functions as a
  • 00:08:23
    guideline for all subsequent
  • 00:08:25
    constitutional principles and laws in
  • 00:08:28
    Germany now similar to the the Bill of
  • 00:08:29
    Rights in the US Germany has a list of
  • 00:08:32
    fundamental rights enshrined in the
  • 00:08:35
    constitution in Article 1 through 19
  • 00:08:38
    I'll put a link to the English version
  • 00:08:39
    of the German constitution in the video
  • 00:08:41
    description so you can take a look at
  • 00:08:42
    all of these they include rights like
  • 00:08:44
    freedom of religion freedom of assembly
  • 00:08:47
    freedom of movement but the article
  • 00:08:49
    that's relevant for our topic today is
  • 00:08:52
    Article 5 which ensures the freedom to
  • 00:08:55
    express one's opinion as well as freedom
  • 00:08:57
    of press and freedom of Art in English
  • 00:09:00
    the article goes as follows every person
  • 00:09:02
    shall have the right to freely Express
  • 00:09:04
    and disseminate his opinions in speech
  • 00:09:07
    writing and pictures and to inform
  • 00:09:10
    himself without hindrance from generally
  • 00:09:12
    accessible sources freedom of the press
  • 00:09:15
    and freedom of reporting by means of
  • 00:09:17
    broadcasts and films shall be guaranteed
  • 00:09:20
    there shall be no censorship these
  • 00:09:22
    rights shall find their limits in the
  • 00:09:23
    provision of general laws the provisions
  • 00:09:26
    for the protection of young persons and
  • 00:09:28
    in the right to personal honor Arts and
  • 00:09:31
    Sciences research and teaching shall be
  • 00:09:34
    free the freedom of teaching shall not
  • 00:09:36
    release any person from allegiance to
  • 00:09:38
    the Constitution this right is usually
  • 00:09:40
    referred to as Min or officially Min O
  • 00:09:46
    So freedom of opinion or freedom of
  • 00:09:49
    expressing one's opinion the termight
  • 00:09:52
    which would be the direct translation of
  • 00:09:54
    freedom of speech isn't really common in
  • 00:09:57
    German even though those two concepts
  • 00:09:58
    are usually used more or less
  • 00:10:00
    interchangeably in international
  • 00:10:02
    discourse but the German version of this
  • 00:10:04
    right specifically focuses on the
  • 00:10:06
    expression of opinions and as stated in
  • 00:10:09
    the article the right to free expression
  • 00:10:11
    of opinion has certain limits in Germany
  • 00:10:14
    those include general laws protection of
  • 00:10:17
    the youth and personal honor the
  • 00:10:20
    principle of personal honor derives from
  • 00:10:22
    What's called the person the general
  • 00:10:26
    personality right and is based on
  • 00:10:28
    article article one of the Constitution
  • 00:10:30
    which we already discussed human dignity
  • 00:10:33
    is inviable as well as article two which
  • 00:10:35
    guarantees personal freedoms to everyone
  • 00:10:38
    such as free development of one's
  • 00:10:40
    personality the right to life and the
  • 00:10:43
    right to physical Integrity based on
  • 00:10:45
    this protection of personal honor the
  • 00:10:47
    criminal code in Germany specifically
  • 00:10:50
    lists so
  • 00:10:52
    insult which translates to malicious
  • 00:10:55
    gossip and so defamation as criminal
  • 00:10:59
    offenses that can each be punished with
  • 00:11:01
    fines and in severe cases even
  • 00:11:04
    imprisonment the idea behind this is
  • 00:11:06
    basically that one person's right to
  • 00:11:08
    freedom of expressing their opinion I'm
  • 00:11:10
    just going to refer to it as freedom of
  • 00:11:12
    expression from here on out so that one
  • 00:11:14
    person's right to freedom of expression
  • 00:11:16
    ends where it violates another person's
  • 00:11:19
    right to personal honor similar to how
  • 00:11:21
    no one is entitled to physically hurt
  • 00:11:23
    someone else in Germany you're not
  • 00:11:25
    entitled to hurt them verbally either
  • 00:11:27
    now of course figuring out the balance
  • 00:11:29
    between these two fundamental rights
  • 00:11:31
    freedom of expression on the one side
  • 00:11:33
    and personal Honor on the other can be a
  • 00:11:36
    fine line when it comes to insults for
  • 00:11:38
    example the courts follow certain
  • 00:11:40
    criteria to decide whether something can
  • 00:11:43
    objectively be viewed as an insult
  • 00:11:45
    regardless of whether or not the person
  • 00:11:47
    it was targeted at actually felt
  • 00:11:49
    offended by it what's almost always
  • 00:11:51
    ruled as an insult are strong
  • 00:11:52
    profanities or even gestures like
  • 00:11:55
    showing someone the finger but courts
  • 00:11:57
    decide on a case- toase BAS basis and it
  • 00:12:00
    always depends on the context of the
  • 00:12:01
    situation now before anyone gets the
  • 00:12:03
    wrong idea it's not like people don't
  • 00:12:05
    insult each other in Germany and it's
  • 00:12:07
    also not like you have to worry about
  • 00:12:09
    straight up getting arrested if you ever
  • 00:12:11
    do insult someone people fight and have
  • 00:12:13
    conflicts in Germany just like in any
  • 00:12:15
    other country but because people in
  • 00:12:17
    Germany also have these General
  • 00:12:19
    personality rights that are enshrined in
  • 00:12:21
    the Constitution they are allowed to
  • 00:12:24
    take action if those get violated by
  • 00:12:26
    someone for example through insult but
  • 00:12:29
    in order for law enforcement to get
  • 00:12:30
    involved the targeted person actively
  • 00:12:32
    needs to press charges first which in
  • 00:12:35
    real life is pretty rare even though
  • 00:12:37
    when we look at the numbers we can see
  • 00:12:39
    that in 2023 a whopping
  • 00:12:42
    237,000 cases of insult were reported to
  • 00:12:46
    authorities which sounds like a lot but
  • 00:12:48
    when you put it in relation to the
  • 00:12:49
    German population of 85 million people
  • 00:12:52
    it comes out to less than
  • 00:12:55
    0.3% of all Germans who pressed charges
  • 00:12:57
    for insult that year and I'm sure there
  • 00:12:59
    were a lot more insults than that now
  • 00:13:02
    the law about malicious gossip is pretty
  • 00:13:04
    similar to defamation but in a mitigated
  • 00:13:07
    form it's basically when harmful rumors
  • 00:13:09
    are being spread about a person without
  • 00:13:12
    any proof that those are true while full
  • 00:13:14
    on defamation would be when someone
  • 00:13:16
    knowingly spreads false accusations
  • 00:13:18
    about another person so not only can
  • 00:13:21
    they not prove those accusations but
  • 00:13:23
    they actually know that those
  • 00:13:24
    accusations are not true but that's
  • 00:13:26
    pretty similar to how defamation laws
  • 00:13:28
    work here here in the US in addition to
  • 00:13:30
    that the German criminal code Grants
  • 00:13:32
    special protection regarding malicious
  • 00:13:34
    gossip and defamation to people who hold
  • 00:13:38
    a political office in Germany due to
  • 00:13:40
    those people generally being more
  • 00:13:41
    subject to attack this means that there
  • 00:13:43
    are higher penalties but it only applies
  • 00:13:45
    when it affects the person's public role
  • 00:13:47
    not their personal life the idea behind
  • 00:13:49
    this is to make sure that people aren't
  • 00:13:51
    discouraged from running for political
  • 00:13:53
    office to begin with in 2021 this law
  • 00:13:56
    was expanded and now also includes cases
  • 00:13:59
    of insults against politicians and for
  • 00:14:01
    the first time also applies to
  • 00:14:03
    politicians on the local level two years
  • 00:14:06
    before this change a local politician in
  • 00:14:08
    the state of Hessa B galupa was murdered
  • 00:14:12
    in his house after he had been the
  • 00:14:14
    target of online hate speech and death
  • 00:14:16
    threats for 5 years over publicly
  • 00:14:19
    defending Angela merkel's migration
  • 00:14:21
    policies in 2015 in 2019 a 45-year-old
  • 00:14:25
    man involved in the Neo-Nazi scene
  • 00:14:27
    decided to bring the hate into real
  • 00:14:29
    alive so one night he surprised lupka on
  • 00:14:32
    his own patio and shot him in the head
  • 00:14:35
    one of the best known cases where a
  • 00:14:36
    politician took action against hate
  • 00:14:38
    speech is the case of theat kunas from
  • 00:14:41
    the green party who ended up suing meta
  • 00:14:44
    over a meme with an alleged quote by her
  • 00:14:47
    that she never actually said this quote
  • 00:14:49
    has been spreading around the internet
  • 00:14:50
    for almost 10 years now and Kun has
  • 00:14:54
    received a lot of hate and even threats
  • 00:14:57
    of violence over this but the cour SPS
  • 00:14:59
    decided in kuna's favor and actually
  • 00:15:01
    ordered Facebook to delete any postings
  • 00:15:04
    of this meme however she also wants them
  • 00:15:06
    to delete any similar memes in the
  • 00:15:08
    future that might have a different
  • 00:15:09
    design or different typos which meta
  • 00:15:12
    appealed and at this point it could take
  • 00:15:15
    years for this case to get settled
  • 00:15:16
    another case that made a lot of
  • 00:15:18
    headlines last year was vice chancellor
  • 00:15:20
    robet habek who had hired a law firm to
  • 00:15:23
    press charges against online hate speech
  • 00:15:25
    about him and accumulated over 700 cases
  • 00:15:29
    in just over a year what particularly
  • 00:15:31
    sparked public debates was when police
  • 00:15:33
    raided someone's home for calling hobc a
  • 00:15:37
    shakov online which is a pretty harmless
  • 00:15:39
    insult kind of like however media
  • 00:15:42
    reports then said that the raid was
  • 00:15:44
    planned way before the Havoc insult over
  • 00:15:47
    completely different more severe
  • 00:15:49
    allegations but the suspect stated that
  • 00:15:51
    the raid only had to do with this insult
  • 00:15:54
    in which case the public pretty much
  • 00:15:56
    agreed that raiding someone's apartment
  • 00:15:58
    over over the word shakov is completely
  • 00:16:01
    blown out of proportion the most
  • 00:16:03
    reported online hate speech against a
  • 00:16:05
    politician over the last few months was
  • 00:16:07
    against Alis vdal from the afd though
  • 00:16:10
    particularly the term Nazi schlamp so
  • 00:16:13
    Nazi slud has been used a lot according
  • 00:16:15
    to Media reports however vdal hasn't
  • 00:16:18
    made a statement about whether or not
  • 00:16:19
    she will press charges about this her
  • 00:16:22
    party the afd generally criticizes this
  • 00:16:25
    section and wants to remove it now that
  • 00:16:28
    being said what's always protected under
  • 00:16:30
    freedom of expression is any type of
  • 00:16:33
    criticism most importantly criticism of
  • 00:16:36
    the government politicians and other
  • 00:16:38
    people in positions of power as that's
  • 00:16:41
    an essential part of a functioning
  • 00:16:43
    democracy also public debates as well as
  • 00:16:45
    political discussions are generally
  • 00:16:47
    situations where freedom of expression
  • 00:16:50
    usually has priority over someone's
  • 00:16:52
    personal honor and the same goes for
  • 00:16:55
    Arts such as comedy satire caricature
  • 00:16:59
    Cabaret advertisement Etc in those cases
  • 00:17:02
    the threshold for what constitutes an
  • 00:17:04
    insult is a lot higher than in other
  • 00:17:06
    cases so politicians get mocked all the
  • 00:17:09
    time in Germany whether it's on TV in
  • 00:17:11
    Prince or right now during Carnival
  • 00:17:14
    which traditionally gets very political
  • 00:17:16
    on giant Floats or in these satirical
  • 00:17:19
    speeches all of that is fully protected
  • 00:17:22
    by freedom of expression in Germany but
  • 00:17:24
    getting back to the limits we said that
  • 00:17:26
    those are found in personal honor which
  • 00:17:28
    we just discussed protection of the
  • 00:17:30
    youth which I think is pretty
  • 00:17:31
    self-explanatory you know things like
  • 00:17:33
    regulating violence and sexual content
  • 00:17:35
    in media and other general laws one of
  • 00:17:39
    those laws is the one about fet which in
  • 00:17:42
    English translates to incitement to
  • 00:17:45
    hatred or incitement of the masses or
  • 00:17:48
    incitement of popular hatred or
  • 00:17:50
    instigation of the people there are many
  • 00:17:52
    different translations this is the full
  • 00:17:54
    section in the German criminal code feel
  • 00:17:56
    free to pause the video if you want to
  • 00:17:58
    read the whole thing but in short fo fet
  • 00:18:01
    is when someone incites hatred in a
  • 00:18:03
    manner capable of disturbing the public
  • 00:18:06
    peace against a National Religious
  • 00:18:09
    ethnic or racial group or against
  • 00:18:12
    individuals based on their group
  • 00:18:14
    identity this includes violating human
  • 00:18:16
    dignity by insulting maliciously
  • 00:18:19
    maligning or defaming people for
  • 00:18:21
    belonging to such a group as well as
  • 00:18:23
    calling for violent or arbitrary
  • 00:18:26
    measures against people who belong to
  • 00:18:28
    those groups since German history has
  • 00:18:30
    shown how unchecked hate speech against
  • 00:18:32
    minority groups can lead to real life
  • 00:18:35
    violence and in the worst case even
  • 00:18:38
    genocide this law is intended to
  • 00:18:40
    regulate hate speech and prevent
  • 00:18:42
    something like that from happening again
  • 00:18:44
    this is also the law that covers
  • 00:18:46
    Holocaust denial which is something I've
  • 00:18:48
    mentioned several times here on my
  • 00:18:50
    channel and which has always been a
  • 00:18:52
    special point of discussion among my
  • 00:18:53
    American viewers in particular it says
  • 00:18:56
    that it's illegal to publicly deny or
  • 00:18:59
    downplay the acts committed under
  • 00:19:01
    national socialism AKA during the Nazi
  • 00:19:04
    regime and since a recent change to the
  • 00:19:06
    law in 2022 this now also goes for other
  • 00:19:09
    war crimes and genocide the idea behind
  • 00:19:12
    this is that Germany as a country has a
  • 00:19:14
    special responsibility towards the
  • 00:19:16
    victims of the Holocaust and their
  • 00:19:18
    descendants and needs to protect their
  • 00:19:20
    honor additionally the bundas FAS so the
  • 00:19:23
    highest court in Germany has decided
  • 00:19:26
    that false claims about historical
  • 00:19:28
    events EV that have factually been
  • 00:19:30
    proven don't fall under the protection
  • 00:19:33
    of free expression since denying
  • 00:19:35
    historical facts can't be considered a
  • 00:19:37
    personal opinion f vung is punished with
  • 00:19:40
    a fine or up to 5 years in prison
  • 00:19:43
    depending on the severity and which of
  • 00:19:45
    these categories it falls under one of
  • 00:19:47
    the most famous cases of Holocaust
  • 00:19:49
    denial is that of ulah havab who in the
  • 00:19:53
    last 20 years of her life was repeatedly
  • 00:19:56
    convicted to fines and even prison
  • 00:19:58
    sentences for publicly claiming that
  • 00:20:01
    aitz was not an extermination camp her
  • 00:20:04
    last conviction happened last year in
  • 00:20:06
    June just a few months before she ended
  • 00:20:08
    up passing away in November at the age
  • 00:20:12
    of 96 during the third R her husband was
  • 00:20:15
    involved in the National leadership of
  • 00:20:17
    the Nazi party and after World War II
  • 00:20:19
    she herself was involved in alt-right
  • 00:20:22
    groups up until her death related to
  • 00:20:24
    that what's also not covered by freedom
  • 00:20:27
    of expression in Germany is the use of
  • 00:20:29
    propaganda material and symbols of
  • 00:20:32
    unconstitutional and terrorist
  • 00:20:35
    organizations except for when it's part
  • 00:20:37
    of art science research teaching or
  • 00:20:41
    historical footage this includes the
  • 00:20:42
    display of the swastika for example but
  • 00:20:45
    also doing the Hitler salute in public
  • 00:20:47
    other unconstitutional organizations
  • 00:20:49
    this applies to besides the Nazi party
  • 00:20:52
    are the German far-left Terror
  • 00:20:53
    organization Red Army faction from the
  • 00:20:56
    1970s or nowadays organizations like
  • 00:20:59
    Isis or Hamas that's why in the context
  • 00:21:02
    of the Gaza War the phrase from The
  • 00:21:04
    River To The Sea Palestine will be free
  • 00:21:07
    has actually been banned in some cases
  • 00:21:09
    in Germany partly based on this law as
  • 00:21:12
    well as incitement to hatred but courts
  • 00:21:14
    have ruled differently about this in
  • 00:21:16
    different cases due to the fact that in
  • 00:21:18
    some instances the phrase was used as a
  • 00:21:21
    harmless call for the liberation of
  • 00:21:23
    Palestinians well in other cases there
  • 00:21:25
    was reason to believe that it was a call
  • 00:21:27
    for genocide of the Israeli people this
  • 00:21:30
    law is also the reason that last year
  • 00:21:32
    afd politician BJ hucker was fined twice
  • 00:21:36
    for publicly using the Nazi slogan
  • 00:21:39
    alisand which historically was used by
  • 00:21:42
    Hitler's paramilitary
  • 00:21:44
    organization or for short sa other
  • 00:21:47
    general laws that pose limits to freedom
  • 00:21:49
    of expression in Germany include threat
  • 00:21:52
    to commit criminal offenses and public
  • 00:21:55
    incitement to crime
  • 00:21:58
    now I think many people who watched JD
  • 00:22:00
    Vance's speech and the 60 Minutes
  • 00:22:02
    episode were under the impression that
  • 00:22:04
    somehow freedom of speech laws or at
  • 00:22:07
    least the way they're being enforced had
  • 00:22:09
    changed recently so let's talk about
  • 00:22:12
    what's new and what isn't so all of the
  • 00:22:14
    laws on freedom of expression in Germany
  • 00:22:16
    that we talked about up until here have
  • 00:22:19
    at their core been in place ever since
  • 00:22:21
    the country was founded in
  • 00:22:23
    1949 and many of those go even further
  • 00:22:26
    back in German history the biggest
  • 00:22:27
    novelty here which was shown in the 60
  • 00:22:30
    Minutes episode is that Germany has made
  • 00:22:32
    an effort in the last few years to also
  • 00:22:35
    enforce these laws online and ensure
  • 00:22:38
    that the Internet isn't treated as a
  • 00:22:40
    lawless space that's why in 2017 Germany
  • 00:22:43
    passed the network Enforcement Act or
  • 00:22:46
    colloquially also called the Facebook
  • 00:22:48
    act with the goal to combat fake news
  • 00:22:51
    hate speech and misinformation online
  • 00:22:54
    the act obliges any social media
  • 00:22:56
    platform with over 2 million users to
  • 00:22:58
    remove illegal content within 1 to 7
  • 00:23:01
    days after receiving a user complaint
  • 00:23:03
    depending on the severity and the
  • 00:23:05
    deleted content must be stored for at
  • 00:23:07
    least 10 weeks for evidence purposes in
  • 00:23:10
    2021 the law was expanded so that it now
  • 00:23:13
    even requires the platforms to report
  • 00:23:15
    serious cases directly to police such as
  • 00:23:19
    cases of child pornography threats to
  • 00:23:21
    commit violent crimes as well as threats
  • 00:23:24
    to the Democratic state of Germany
  • 00:23:26
    non-compliance can cost the social media
  • 00:23:28
    platform up to 50 million in fines a few
  • 00:23:31
    years ago Facebook already had to pay5
  • 00:23:34
    million in penalties in 2022 the entire
  • 00:23:37
    EU passed similar regulations in their
  • 00:23:40
    Digital Services act by the way which is
  • 00:23:42
    what JD Vance was referring to in his
  • 00:23:44
    speech but to stay on the topic of
  • 00:23:46
    Germany the Facebook act has in fact
  • 00:23:49
    received a lot of criticism since it's
  • 00:23:51
    been implemented both within Germany and
  • 00:23:54
    internationally those points of
  • 00:23:55
    criticism include that it puts too much
  • 00:23:57
    power in and responsibility in the hands
  • 00:24:00
    of private tech companies who are not
  • 00:24:02
    properly trained on what's legal and
  • 00:24:05
    illegal in Germany and therefore might
  • 00:24:07
    wrongfully delete posts that actually
  • 00:24:09
    are protected by free expression it was
  • 00:24:12
    criticized that authoritarian countries
  • 00:24:14
    like Russia turkey and Venezuela have
  • 00:24:16
    used the Facebook act as a model for
  • 00:24:19
    their own internet censorship laws and
  • 00:24:22
    that it doesn't even effectively reduce
  • 00:24:24
    hate speech soon after the Facebook act
  • 00:24:26
    came into effect the 16 Germans states
  • 00:24:28
    started establishing task forces to
  • 00:24:31
    combat online hate speech one of those
  • 00:24:33
    is shown in the 60 Minutes episode the
  • 00:24:35
    one in the state of lower Saxony and in
  • 00:24:37
    2022 a federal office called the central
  • 00:24:41
    reporting unit for criminal content on
  • 00:24:43
    the internet was set up and authorities
  • 00:24:45
    started to conduct raid days several
  • 00:24:47
    times a year searching the homes of
  • 00:24:50
    individuals who are Under Suspicion for
  • 00:24:52
    spreading online hate speech here are a
  • 00:24:54
    couple examples of what that can look
  • 00:24:56
    like
  • 00:25:00
    this past November German authorities
  • 00:25:02
    conducted a rid day where they visited
  • 00:25:04
    over 50 homes Nationwide which may have
  • 00:25:07
    been the day that the 60 Minutes episode
  • 00:25:08
    was filmed that raid specifically
  • 00:25:10
    focused on anti-semitic hate
  • 00:25:14
    speech now having limits on what's
  • 00:25:16
    protected under free speech is common
  • 00:25:19
    practice in every country even here in
  • 00:25:21
    the US which is often considered the
  • 00:25:24
    country of free speech there are limits
  • 00:25:26
    to what you're allowed to say things
  • 00:25:28
    that AR protected include incitement to
  • 00:25:30
    imminent Lawless action defamation fraud
  • 00:25:34
    obscenity child prnography fighting
  • 00:25:37
    words and threats that's the condensed
  • 00:25:40
    version obviously since this video isn't
  • 00:25:42
    about free speech in the US we're not
  • 00:25:43
    going to go too much into detail here
  • 00:25:46
    but unlike in Germany hate speech is for
  • 00:25:49
    the most part protected under the right
  • 00:25:51
    to free speech year and there are many
  • 00:25:53
    Supreme Court cases that have emphasized
  • 00:25:55
    this however I do also want to briefly
  • 00:25:57
    mention that recently there has been a
  • 00:26:00
    lot of criticism about the state of
  • 00:26:01
    freedom of speech here in the US due to
  • 00:26:04
    instances like the White House banning a
  • 00:26:06
    reputable news agency because they
  • 00:26:08
    didn't use the new American name golf of
  • 00:26:10
    America the president suing TV networks
  • 00:26:13
    such as ABC and CBS and an increase of
  • 00:26:17
    book bands at Public Schools generally I
  • 00:26:20
    think it's important to point out that
  • 00:26:22
    as humans we tend to consider the
  • 00:26:25
    circumstances we grow up with to be
  • 00:26:27
    somewhat normal Al and reasonable and
  • 00:26:30
    one thing that throws a lot of us
  • 00:26:31
    Europeans off about the US is that TV
  • 00:26:35
    broadcasts and even music are censored
  • 00:26:38
    here like every time someone says so
  • 00:26:40
    much as on daytime television it
  • 00:26:43
    gets bleed here which to people who
  • 00:26:45
    didn't grow up with that is baffling you
  • 00:26:47
    must have eaten some in your time before
  • 00:26:50
    I moved here I didn't even know that all
  • 00:26:52
    of these American songs that are being
  • 00:26:54
    played in their original version in
  • 00:26:55
    Germany have so-called clean version so
  • 00:26:58
    that they can be played on the radio
  • 00:27:03
    here as an outsider it seems kind of
  • 00:27:06
    wild that the country of free speech
  • 00:27:09
    straight up censors their media but to
  • 00:27:11
    most Americans this seems completely
  • 00:27:13
    normal and reasonable because they want
  • 00:27:15
    to protect minors from being exposed to
  • 00:27:18
    profane language and vice versa While
  • 00:27:20
    most Germans consider it reasonable and
  • 00:27:23
    even important to ban Nazi symbols and
  • 00:27:26
    Holocaust denial I I know that many
  • 00:27:28
    Americans find that to be an overreach
  • 00:27:31
    and I'm not trying to say that there's a
  • 00:27:32
    right or a wrong perspective here I'm
  • 00:27:34
    just trying to point out that
  • 00:27:36
    perspectives on what appears reasonable
  • 00:27:38
    are certainly affected by what we're
  • 00:27:41
    used
  • 00:27:42
    to now there are different indexes that
  • 00:27:45
    rank freedom of expression and freedom
  • 00:27:47
    of press in different countries all over
  • 00:27:49
    the world and when we look at where
  • 00:27:51
    Germany is ranked on those we can see
  • 00:27:53
    that it gets a score of
  • 00:27:55
    0.95 on this 2023 index IND by VM which
  • 00:27:59
    puts it slightly above the US with
  • 00:28:02
    0.93 and on Place 14 overall this 20122
  • 00:28:07
    gsdi index on freedom of expression has
  • 00:28:10
    Germany on Rank 10 with a score of
  • 00:28:13
    0.83 and the us at
  • 00:28:17
    0.77 however they also have an index
  • 00:28:19
    here that shows how much a country's
  • 00:28:20
    citizens value freedom of speech and for
  • 00:28:23
    that the US clearly ranks above Germany
  • 00:28:26
    with a score of 7 the8 out of 100 over
  • 00:28:30
    66 in Germany the 2024 index on freedom
  • 00:28:34
    of press by reporters Without Borders
  • 00:28:36
    also has Germany as 10th with a score of
  • 00:28:40
    83.8 4 while the US is on rank 55 with a
  • 00:28:44
    score of 66.5 N and This Global freedom
  • 00:28:48
    score which ranks overall freedom in a
  • 00:28:51
    country gives Germany a score of 95 out
  • 00:28:54
    of 100 and the US a score of 84 overall
  • 00:28:58
    I think it's worth noting that when
  • 00:28:59
    comparing Germany to the rest of Europe
  • 00:29:02
    laws on regulating hate speech are
  • 00:29:04
    pretty common in other European
  • 00:29:06
    countries too including the UK France
  • 00:29:09
    Italy or the Netherlands just to name a
  • 00:29:11
    few and aside from Germany 17 European
  • 00:29:15
    countries have laws that ban Holocaust
  • 00:29:19
    denial at the end of the day I think
  • 00:29:21
    it's safe to say that freedom of
  • 00:29:23
    expression is a highly valued
  • 00:29:25
    fundamental right in Germany that's
  • 00:29:27
    protecting Ed by the Constitution and
  • 00:29:30
    according to various International
  • 00:29:31
    indexes this isn't something that just
  • 00:29:34
    exists on paper but is very much alive
  • 00:29:36
    and well in everyday life too however
  • 00:29:39
    there definitely has been a lot of
  • 00:29:40
    criticism about the prosecution of hate
  • 00:29:43
    speech recently particularly in regards
  • 00:29:45
    to the fairly new attempt to enforce
  • 00:29:48
    German hate speech laws on the internet
  • 00:29:50
    and I'm sure it'll take some more back
  • 00:29:52
    and forth until the German system has
  • 00:29:54
    found a healthy balance year and
  • 00:29:57
    criticism feedback and public discourse
  • 00:29:59
    are indispensable for that overall
  • 00:30:02
    though I think in an international
  • 00:30:03
    context it's important to keep in mind
  • 00:30:06
    that different countries have different
  • 00:30:08
    constitutions different histories and
  • 00:30:11
    different legal Frameworks so when JD
  • 00:30:13
    Vance says insulting someone is not a
  • 00:30:16
    crime that might be true for the us but
  • 00:30:18
    in Germany insult actually is a crime in
  • 00:30:22
    many cases and has been ever since this
  • 00:30:24
    country was founded now of course you're
  • 00:30:26
    allowed to be critical of those laws
  • 00:30:28
    maybe you think they shouldn't exist in
  • 00:30:30
    the first place or that they should be
  • 00:30:32
    changed that's totally valid and that's
  • 00:30:35
    everyone's right to express those views
  • 00:30:37
    both here in the US and in Germany I
  • 00:30:40
    mean there are many laws here in the US
  • 00:30:42
    that to me as a German seem pretty
  • 00:30:44
    outlandish too like the fact that people
  • 00:30:47
    can't legally drink alcohol until
  • 00:30:49
    they're 21 or that it's illegal to drink
  • 00:30:51
    in public many Germans would feel
  • 00:30:54
    restricted in their freedom by that but
  • 00:30:56
    once you take a closer look at American
  • 00:30:58
    history you get a better understanding
  • 00:31:01
    of where these laws come from and I
  • 00:31:03
    think the same goes for Germany in
  • 00:31:05
    regards to these laws about freedom of
  • 00:31:07
    expression personal honor and incitement
  • 00:31:10
    to hatred also to briefly address JD
  • 00:31:12
    Vance's point that some political
  • 00:31:14
    parties were excluded from the Munich
  • 00:31:16
    security conference I think it's
  • 00:31:18
    important to know that this conference
  • 00:31:20
    is not hosted by an official government
  • 00:31:23
    entity but rather by an independent
  • 00:31:25
    nonprofit organization and since both
  • 00:31:28
    the afd party as well as the BSW had
  • 00:31:31
    previously walked out of the German
  • 00:31:33
    Parliament during a speech by Ukrainian
  • 00:31:35
    president zalinski the chairman of the
  • 00:31:38
    Munich security conference Kristoff
  • 00:31:40
    Hoskin believed that inviting them
  • 00:31:42
    wouldn't contribute to the foundational
  • 00:31:45
    principle of the conference which is
  • 00:31:47
    peace through dialogue now of course we
  • 00:31:49
    could ask why is this conference hosted
  • 00:31:51
    by an independent organization to begin
  • 00:31:53
    with and why can one person decide about
  • 00:31:55
    this but in this case I guess it
  • 00:31:58
    technically was part of this person's
  • 00:32:01
    freedom of speech or freedom of choice
  • 00:32:03
    if you want to hear what other people
  • 00:32:05
    have to say about this topic some of my
  • 00:32:07
    fellow German American YouTube
  • 00:32:09
    colleagues like Nal Haley Alexis and
  • 00:32:11
    James Bray have made videos about this
  • 00:32:14
    discussion on freedom of speech as well
  • 00:32:16
    so I'll link those in the video
  • 00:32:18
    description for you if you're interested
  • 00:32:19
    and Nal and I have also made a video
  • 00:32:21
    about the general topic of Freedom a
  • 00:32:24
    couple years ago and whether or not we
  • 00:32:26
    feel more free in the US compared to
  • 00:32:29
    Germany again all of that will be linked
  • 00:32:31
    down below I hope this video doesn't get
  • 00:32:33
    demonetized too but if you want to
  • 00:32:34
    support me and my channel you can always
  • 00:32:36
    do that with the super thanks button
  • 00:32:38
    down below you can buy me a coffee send
  • 00:32:41
    me a tip join my patreon community or of
  • 00:32:44
    course simply support me with a thumbs
  • 00:32:46
    up a comment or by subscribing to my
  • 00:32:48
    channel I hope I was able to provide
  • 00:32:50
    some context to this whole conversation
  • 00:32:52
    and I would love to know what you guys
  • 00:32:53
    think about all of this in the comments
  • 00:32:55
    below but please make sure to stay
  • 00:32:58
    respectful and engage in a civil debate
  • 00:33:00
    and with that thank you so much for
  • 00:33:02
    watching and I hope I'll see you next
  • 00:33:04
    time cheers
  • 00:33:07
    [Music]
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