Spahn calls for abolition of insult law to protect politicians - German lawmaker pushes to end special protections for politicians under Section 188
Jens Spahn, leader of the CDU/CSU parliamentary group, has urged the scrapping of Section 188 in Germany’s Criminal Code. The law currently offers extra protection to politicians against insults, defamation, and slander. Spahn claims it creates an unfair advantage for those in power.
Section 188 was first introduced to shield local politicians and public institutions from verbal attacks. In 2021, its scope widened to cover general insults—though separate laws for defamation and slander already existed. The Bundestag debated and approved the measure, with discussions recorded in its 51st session report.
Spahn argues that the law now gives politicians special treatment. He points out that standard insult laws already apply to everyone, making Section 188 unnecessary. His criticism centres on the perception that powerful figures receive preferential legal protection.
The call to abolish Section 188 follows concerns over unequal legal treatment. If removed, politicians would rely on the same insult laws as the general public. The debate highlights tensions between free speech and protections for public figures.
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