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> I see no way he can escape punishment unless the courts choose to ignore the law entirely It's actually quite well possible that there's no punishment in the
by Xylakant 11y ago
> I see no way he can escape punishment unless the courts choose to ignore the law entirely
It's actually quite well possible that there's no punishment in the end. The case hinges on the question whether the poem and its presentation were satire thus still protected or pure defamation. The scholars are divided about this, but there seems to be a slight majority on the side of protected speech. Then there wouldn't be an offense and thus no case and no punishment.
There's a lot of factors playing into this, Böhmermann was treading on the line as he certainly was aware of, but in his favor the long standing rulings accept that the tone of the critique can be adapted to the target or the critique. Since Erdogan is known not to mince words, that plays into Böhmermanns favor. Using the same words on the Dalai Lama would be a much more clear cut case.
Things are going to be interesting in the next couple of month/years :) If there's a court case I fully expect that to go up to the constitutional court.