Proposals from the Commission have already been forwarded to the Council, and it is expected that the Council will be able to implement them accordingly.
In Germany, a heated debate over freedom of speech is escalating, with growing concerns about government actions that restrict expression and a chilling effect on political discourse. Recent developments reveal an intensification of legal prosecutions related to hate speech and offensive political commentary, leading many Germans to feel increasingly unable to express their opinions openly.
According to data, prosecutions of satirical or critical speech against political figures have surged from 2,411 in 2021 to 10,732 in 2024, reflecting aggressive enforcement of laws against what authorities deem offensive or hateful speech. This crackdown is widely perceived as silencing core political discourse, with polls indicating that about 44 percent of Germans now feel unable to freely express their opinions, a notable rise from 16 percent in 1990[1].
International bodies such as the Council of Europe have voiced explicit concerns about Germany’s handling of freedom of expression, especially regarding recent restrictions imposed during pro-Palestinian protests. German authorities have limited the use of Arabic language and cultural symbols at demonstrations, restricted marches to static gatherings, increased surveillance of protestors, and in some cases applied what has been deemed excessive police force, including against minors. The Council of Europe’s Human Rights Commissioner Michael O'Flaherty has urged Germany to uphold principles of legality, necessity, and non-discrimination in policing and to differentiate between hate speech and legitimate political criticism. He has also cautioned against misuse of definitions like the IHRA’s working definition of antisemitism to suppress criticism of Israel, further highlighting tensions around political speech and minority rights in Germany[2][3].
The global community has recognised Germany as one of the countries with a notable decline in freedom of expression in recent years. In 2024, Germany ranked as the seventh top decliner worldwide, reflecting broader legislative and enforcement trends that restrict free speech, consistent with a global pattern of increasing speech limitations across many democracies[4][5].
As the Merz cabinet navigates through the complexities of migration, a weak economy, and freedom of speech, the debate on these issues continues to dominate societal discourse. The government's focus on making citizens happier is evident, with Federal Minister Alexander Dobrindt of the CSU leading the way on migration issues. However, the economic outlook remains uncertain for the federal government.
As the debate on freedom of speech rages on, it is crucial for the German government to balance security and order with fundamental democratic rights, while ensuring protection for free expression, especially in politically sensitive contexts. The situation underscores a growing tension between state control and individual liberties in Germany’s democratic landscape.
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In light of the escalating debate over freedom of speech, it is essential for the German government to reconsider its migration policy-and-legislation, particularly as it relates to general-news and politics, in order to ensure that the right to free expression is protected, especially in sensitive political contexts. The Council of Europe's Human Rights Commissioner, Michael O'Flaherty, has emphasized the need for Germany to uphold principles of legality, necessity, and non-discrimination, and to avoid misusing definitions to suppress legitimate political criticism.
