Nationwide crackdown on online hate: Black-Red coalition cheerfully interferes with freedom of expression

On Wednesday, the Federal Criminal Police Office (BKA) held another day of action against online hate speech. The next "idiot" scandal is only a matter of time. A commentary.

The days of action against hate postings continue under his leadership: Interior Minister Alexander Dobrindt (CSU). Imago/dts News Agency

A brief search for action days reveals a whole world of possibilities. For example, on January 2nd, Forest Man Day is held, March 16th is World Sleep Day, and on October 5th, Soap Bubble Day is celebrated. However, the Federal Criminal Police Office (BKA) has other things in mind when it launches action days. This Wednesday, the BKA circulated its success story for the "Action Day against Criminal Hate Postings." In its press release, it proudly hailed the 12th day of its kind, during which, with the help of the federal states, 65 search warrants were executed in more than 180 police operations nationwide in approximately 140 investigations. Several searches were also conducted in Berlin.

According to the BKA, these action days were intended to send a "clear message against violence." Offenders could expect "consistent prosecution." One could imagine this as similar to the traffic checks conducted in various cities to maintain pressure on traffic offenders—and also generate a nice surplus of fines for the state.

“Nothing to do with proportionality anymore”: When even Ricarda Lang had to deal with it

But the BKA isn't taking action against traffic offenses during its action days; instead, it's operating in the area of ​​freedom of expression—an area that, one would expect, is highly sensitive.

And should it be the task of the Federal Criminal Police Office to take action against crimes that involve expressions of hatred – a term that is so sentimental How vague is it? Should the BKA use its resources to send "clear signals"? All of this seems more in keeping with uninspired centrist politicians and their Sunday speeches. It obscures the repressive nature of such days of action.

At the previous BKA action day of this kind in November 2024, a Bavarian pensioner was visited at home and several of his technical devices confiscated. And all because he had shared a harmless meme about Robert Habeck on his X-account, calling the then-Vice Chancellor an " idiot ." Habeck himself had filed a criminal complaint, and the case was pursued by a hate crime reporting center. Recently, the pensioner was fined for several cases of using symbols of unconstitutional and terrorist organizations. The verdict is not yet final.

The "idiot" case caused an international stir. The defensive reactions of politicians from the Green Party and the SPD demonstrated the center-left's lack of awareness of the problem. Green Party leader Felix Banaszak claimed on a Markus Lanz talk show: "Nobody gets their house searched for calling a politician an 'idiot.'" Because this contradicted the search warrant, the Bavarian pensioner announced at the time that he would sue Banaszak, alleging that the Green Party politician had spread false testimony.

Outside the political bubble, the seamless interweaving of politicians' sensitivities, opaque reporting centers, and law enforcement under the banner of the fight against "hate and incitement" was not well received. Perhaps this finally dawned on Green Party politician Ricarda Lang, who wrote in a similar case in April that a criminal conviction for a meme "no longer has anything to do with proportionality."

Freedom of expression: No paradigm shift under the Black-Red coalition

But even with the new coalition government, no paradigm shift is on the horizon. Even under CSU Interior Minister Alexander Dobrindt , whose Interior Ministry would have at least some say in a nationwide BKA action day, the questionable infringements on freedom of expression continue apace.

Possibly to distance themselves from criticism of similar action days in the past, the law enforcement authorities emphasized in their communication this time that they were primarily targeting right-wing extremists . One example of punishable hate postings read: "Heil Hitler!! Again. We are Germans and a successful nation. Male foreigners out." However, the fine print makes it clear that insults against politicians still frequently play a role. So perhaps the next "idiot" pensioner had the police at his door this morning.

On Wednesday, the Federal Criminal Police Office (BKA) called on people to continue diligently reporting "hate postings" to the relevant authorities. The staggering increase from approximately 2,000 cases in 2021 to more than 10,000 last year will not continue on its own.