Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution provides for freedom of expression, including for the press. While the government generally respected these rights, it imposed limits on groups it deemed extremist. The government arrested, tried, convicted, and imprisoned a number of individuals for speech that incited racial hatred, endorsed Nazism, or denied the Holocaust (see also section 6, Anti-Semitism). An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression.
Freedom of Speech: In July the city of Wiesbaden outlawed the wearing of symbols resembling the Jewish yellow badge with the inscription “unvaccinated.” Some protesters and antivaccination activists had been wearing such symbols during demonstrations against coronavirus regulations. Wiesbaden mayor Oliver Franz called the symbols an “unacceptable comparison” that would trivialize the Holocaust.
In February state governments in Baden-Wuerttemberg, Hamburg, Rhineland-Palatinate, Saarland, and Schleswig-Holstein announced they would ban school students from wearing full-face veils. Baden-Wuerttemberg implemented the ban in July.
In August the Federal Labor Court rejected an appeal by Berlin against a regional labor court’s 2018 judgment that a general ban on teachers wearing religious symbols in schools was discriminatory. The federal court found the Berlin ban violated teachers’ freedom of religion.
Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred.
Violence and Harassment: On May 1, an estimated 20 to 25 men attacked a seven-member camera team in Berlin filming a demonstration against the COVID restrictions, hospitalizing six of the camera team. Berlin’s police chief Barbara Slowik announced the state security service was investigating the matter, but on May 2, six suspects were released from custody, and no arrest warrants were issued.
In August the German Union of Journalists and the German Federation of Journalists criticized Berlin police for failing to protect journalists covering COVID protests. The two unions reported police failed to intervene when protesters repeatedly insulted, threatened, and attacked photographers and film crews, forcing some of the journalists to stop covering the August 1 protests.
The government did not restrict or disrupt access to the internet or censor online content, with one exception, and there were no credible reports that the government monitored private online communications without appropriate legal authority. The exception is that the law permits the government to take down websites that belong to banned organizations or include speech that incites racial hatred, endorses Nazism, or denies the Holocaust. Authorities worked directly with internet service providers and online media companies to monitor and remove such content. Authorities monitored websites, social media accounts, messenger services, and streaming platforms associated with right-wing extremists. The state-level project Prosecution Rather Than Deletion in North Rhine-Westphalia (NRW) received 771 offense reports, primarily for incitement.