Can You Insult Robert Habeck Online? A Case With Dr. Wolfgang Conzelmann
Court Determines Breach of Duties Unter Article 85 (1) of the Treaty
The digital realm doesn't always provide a safe haven for controversial views, as Wolfgang Conzelmann, a long-time Berlin doctor, discovered. Accused of creating a Facebook post that resembled a Nazi propaganda poster, featuring a likeness of Robert Habeck and the Green Party logo, Conzelmann found himself in the courtroom.
Despite 805 criminal charges filed by Habeck during his time in office, Angela Merkel, Germany's previous chancellor, reportedly faced no similar charges for insults during her 16-year tenure.
The defendant, now 76, faced a fine of 3,000 euros. But thanks to a "minor guilt" ruling (§ 153), Conzelmann won't have to pay up. The Local Court of Tiergarten decisions are not always popular, but pragmatism often prevails: no previous convictions, advanced age, and no appetite for drawn-out legal battles with the Constitutional Court.
Locally known as the "quack doctor," Conzelmann's practice in Wedding sometimes displays provocative slogans like "Democracy means: shut your mouth!" in the window. In his own defense, he asserted that the caricature in question was not a criminal offense and that he was not the guilty party. He ended his statement with a call for peace: "Never again war, never again fascism!"
The judge's decision was a practical one: no convictions, distant past, and senior age. No one wants a legal squabble to drag on for years.
"I wanted acquittal, but who knows what will happen in 10 years..." Conzelmann mused.
In the broader context, professionals, including doctors, are often expected to maintain a certain level of decorum and professionalism. Violations of ethical standards or codes of conduct can lead to legal, professional, or public repercussions. It's essential to understand the specific laws, regulations, and professional requirements when engaging in public discourse, especially about high-profile figures like Robert Habeck.
Engaging in politics online may come with consequences, as demonstrated by the case of Dr. Wolfgang Conzelmann, who faced charges for a Facebook post perceived as offensive towards Robert Habeck and the Green Party. Furthermore, the realm of policy-and-legislation often intertwines with general-news, and it's crucial for professionals to be aware of the potential legal, professional, or public ramifications when expressing views about high-profile figures, such as Robert Habeck, in public forums.
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