Germany Debates Politicians' Use of Expanded Defamation Laws

A surge in lawsuits over online insults has reignited concerns about free speech and the limits of criticism in democratic discourse.

The so-called 'Schwachkopf-Affäre' revolves around politicians filing numerous legal complaints over online insults, including terms like 'Schwachkopf' (blockhead).
Since the 2021 expansion of Germany's defamation laws, public figures have been able to pursue legal action for insults, not just libel or slander, leading to a sharp rise in complaints.
Prominent politicians such as Robert Habeck, Annalena Baerbock, and Marie-Agnes Strack-Zimmermann have filed hundreds of complaints, sparking criticism of perceived hypersensitivity.
Critics, including FDP’s Wolfgang Kubicki, argue that politicians should tolerate harsh criticism as part of democratic accountability, warning that excessive legal actions may stifle free speech.
A recent poll reveals that 78% of Germans believe people self-censor out of fear of consequences, highlighting broader concerns about the state of free expression.