As 2025 begins, the gloves are starting to come off on Germany’s election campaign in the run-up to the February 23 vote.
The far-right party Alternative for Germany (AfD) is in second place in opinion polls with 20%, with notable support from billionaire Elon Musk.
The South African-born entrepreneur, 53, not only intervened directly in the election campaign, but also with the leaders of Germany’s highest democratic institutions, first the chancellor and then the head of state, President Frank-Walter Steinmeier. It is believed that the attack was provocative. .
“Steinmeier is an anti-democratic tyrant!” Musk wrote on his social media platform X. “He is a disgrace.”
Mr. Steinmeier’s office said it had noted the post but would not comment on it.
But several other German politicians were outraged by Musk’s comments, calling them “offensive,” “degrading” and “crossing the line.”
Rolf Mützenich, leader of Chancellor Olaf Scholz’s Social Democratic Party, said after Donald Trump was inaugurated as US president on January 20, “the repeated disparagement, slander, and interference in the election campaign will continue in the presidential election.” We should ask whether it was done or not.” The name of the new US government. ”
In an interview with news magazine Der Spiegel, Mutzenich accused Musk of crossing the line between friendly countries.
Musk’s latest comments came after he published an opinion piece in a German daily newspaper supporting the far-right AfD. A German government spokesperson later cited the op-ed as evidence that Musk was trying to influence the election.
German defamation law
After Germany’s three-party coalition government collapsed in November, Musk wrote in German about Chancellor Olaf Scholz: “Olaf ist ein Narr” (“Olaf is a fool”).
Freedom of expression and freedom of the press is enshrined in Article 5 of the German Constitution, the Basic Law.
Therefore, everyone has the freedom to express their opinion. But at the same time, everyone has the right not to be humiliated in public. It is up to the judge to decide which rights are given more weight.
There is an entire category in German criminal law called “honor crimes” (“Ehrdelikte”), which includes everything from spreading lies about others to defamation. This provision makes certain types of speech punishable as insulting, defamatory, or defamatory. It also declares that it is unlawful to spread false statements about a person that damage their personal or professional reputation or cause them financial loss or emotional distress.
The crime of “insult” (“Beidiigung”) is punishable by up to two years in prison, but perpetrators are usually sentenced to no more than a fine. If the insulted person returns the insult, the judge will usually dismiss the case.
Imprisonment is extremely rare, and harsh punishments are only an option for repeat offenders or if the offense is seen to be linked to racism or anti-Semitism.
No legal action against Musk
Defamation lawsuits can only be heard in the relevant court upon the request of the aggrieved party, who must first file a police report. After that, a police investigation will be required. The accuser must hire a lawyer to handle the case and must prove the criminal’s guilt to a judge.
As a result, most of the insults go unreported, and the politicians insulted by Elon Musk on social media have not indicated any intention to press charges.
However, there have been several recent cases in which German politicians have taken legal action against insults, especially on social media.
For example, Green Party Economy Minister Robert Habeck has authorized prosecutors to pursue him for “insult” over a social media post in which he called himself an idiot (Schwachkopf). But there are indications that law enforcement initially asked or had asked Mr. Habeck to give a press conference. Fee.
Mr. Habeck was also insulted by Mr. Musk in November, calling him an idiot in a post on X.
Green party supporters in particular are increasingly being targeted. Local politicians have also been physically attacked, threatened, and insulted.
The next statement of support for the AfD by a US billionaire is expected soon. An AfD spokesperson said concrete plans were being made for Musk and AfD leader Alice Weidell to meet via the X-Space chat feature.
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