Germany: Greens' Habeck presses charges over online insult

A 64-year-old from Bavaria is under investigation for allegedly posting antisemitic images and slogans online, but also for allegedly insulting Deputy Chancellor Robert Habeck in a separate post. 

The public prosecutor's office in Bamberg in northern Bavaria confirmed on Friday that the suspect's flat had been searched, with a tablet device being seized, and that the Green party's candidate for chancellor in upcoming elections had asked authorities to prosecute an alleged insult against him. 

What is the case about? 

The 64-year-old suspect is accused of posting an image of Habeck on the X social media site formerly known as Twitter earlier this year. 

He captioned the photo with a phrase that could be translated multiple ways in English, with one strong option being "professional idiot" — with the German "Schwachkopf" literally translating as "weak-head." The man also appeared to be trying to allude to an advertising campaign by the similarly-named hair care company Schwarzkopf Professional.

Habeck authorized prosecutors to pursue the case for the insult against him by issuing what in German is known as a "Strafantrag." However, this is different from an individually-submitted criminal complaint to law enforcement authorities known as a "Strafanzeige," and could indicate that law enforcement had first invited or asked Habeck to press the charges. Prosecutors did not specify who had approached who first.

The Bavaria resident is also accused of posting Nazi-era imagery and language earlier in 2024. According to prosecutors, this post may have violated German laws against the incitement of ethnic or religious hatred.

The man was arrested on Thursday as part of nationwide police operations against suspected antisemitic hate speech online. 

Is merely 'insulting' a politician illegal in Germany? 

At least in theory, any political officials in Germany — all the way from the chancellor to the municipal level — can press charges against perceived public insults, if they think they can demonstrate reputational harm or an impact on their ability to carry out their role. 

If convicted, perpetrators can face a fine or up to three years in prison.

These "insults" are not to be confused with demonstrably false libel or defamation cases, which are covered in a separate law and can carry a longer sentence of up to five years in the extreme. 

A similar law protecting foreign heads of states and diplomats from insult came under major scrutiny several years ago when Turkish President Recep Tayyip Erdogan tried to use it to prosecute many people in Germany, including prominent comedian Jan Böhmermann, for criticisms leveled against him.

The uproar over that case led to the law's abolition, but its cousin affording protection to German politicians remained. It was also amended in 2021, primarily to reword it to make clear that online communications could also qualify. 

msh/ab (AFP, dpa)