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The problem here is that "hate speech" is an anglosphere term and doesn't have an exact correspondence in German law. What is commonly called "hate speech" in
by rbehrends 9y ago
The problem here is that "hate speech" is an anglosphere term and doesn't have an exact correspondence in German law.
What is commonly called "hate speech" in the English-language media is §130 (1) of the penal code (part of the set of "Volksverhetzung" offenses). It's a poor fit because:
* The law can in principle apply to any identifiable subgroup of the population or any individual as a member of such a subgroup. Subgroups defined by their ethnic characteristics or religious beliefs are listed as examples, but the list is not exhaustive (though of course the group of Bavarian vintage car collectors is unlikely to be a target).
* It's not related to the motives of the speakers. It's about the effects the speech creates, specifically threats against the public peace, such as incitement to and encouragement of violence (unlike in America, incitement of lawless action need not be imminent) or creating an atmosphere through slander where members of a subgroup have reason to not feel safe anymore. If you want an example or why, look up what Julius Streicher was convicted of in Nuremberg and how it contributed to the Holocaust.