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United States' human rights assessment receives rejection from Berlin

US State Department's report indicates limitations on free speech in Germany, a viewpoint that contradicts the federal government's perspective.

, and ASMedia

2025 August 30 . 12:11 PM

2 min read

United States' human rights assessment is denied by Berlin

United States' human rights assessment receives rejection from Berlin

In a recent turn of events, the US Department of State has criticized Germany's approach towards online speech, particularly in relation to hate speech, claiming it limits freedom of expression. This assessment, however, is disputed by the German government.

According to the US government's latest human rights report, the situation in Germany has deteriorated, with a particular focus on the rise of antisemitic incidents. This assessment is contextualized within the backdrop of immigration from Syria, Afghanistan, and Turkey to Germany.

Germany, as a country with a rich historical context, enforces laws that criminalize hate speech, Holocaust glorification, and incitement to hatred. These laws reflect the country's doctrine of “militant democracy,” which is rooted in its historical experience. The regulations extend to restrictions on pro-Palestinian slogans associated with terrorist groups, bans on hate symbols, and prosecution of speech deemed defamation or incitement.

Recent cases have been controversial, such as the sentencing of a right-wing journalist for defamation for satirically criticizing government hostility to free speech, and startups that profit from legal actions against online “hate” comments, indicating active legal intervention in digital expression.

Critics argue that these regulations contribute to an erosion of free speech by penalizing speech that would be protected under broader US First Amendment standards. However, Germany frames these measures as necessary for preventing extremist hate crimes, which have risen alarmingly in recent years.

The German federal government has rejected claims by the US Department of State that Germany has restricted freedom of speech. A ministry spokesperson asserted that such regulations "cannot be part of a deal." Steffen Meyer, deputy government spokesman, emphasized that there is no censorship taking place in Germany.

The Federal Ministry of Digital Affairs has stated that regulations regarding deleting hate messages are non-negotiable. This stance is in response to the report's mention of censorship due to internet platforms being required to delete hate messages.

Out of the 6,236 antisemitic crimes last year, 3,016 were attributed to suspected right-wing perpetrators, according to BKA statistics. The federal government attributes most antisemitic acts to neo-Nazis and other extremist individuals or groups. Government spokesman Meyer defends the work of the black-red coalition against antisemitism.

The right-wing political spectrum in the US has long claimed that the European approach against hate speech amounts to censorship. This perspective was echoed during Vice President JD Vance's campaign, where he threatened to withdraw US support for NATO if the Europeans took action against content on a specific online platform.

However, the German government maintains its commitment to upholding a high level of freedom of speech. Jens Spahn, the leader of the Union parliamentary group, also rejected accusations from Washington regarding freedom of speech in Germany. Since the beginning of 2024, the Federal Criminal Office (BKA) has recorded antisemitic crimes in a new category "Other Assignment."

In summary, the debate on freedom of expression between the US and Germany continues, with each side presenting its perspective. Germany's laws do restrict certain online speech, especially hate speech, and these restrictions have been interpreted by some as limits on freedom of expression relative to US norms. These laws reflect Germany’s legal and historical context but remain a point of contention in transatlantic debates on free speech.