Raids for 'uncivilized' memes in Germany

In Germany, posting an offensive meme can result in a raid—sometimes in the early hours of the morning, with armed agents. While inspections, confiscations, and fines for social media content are nothing new in the country, a recent "60 Minutes" report has pushed the controversy into the spotlight in the United States.

"Germany is trying to bring some civility to the World Wide Web by policing it in a way most Americans could never imagine," journalist Sharyn Alfonsi states at the beginning of the "60 Minutes" segment. The program aired footage of six agents raiding a house in northeastern Germany at 6 a.m. The alleged crime: "Posting a racist cartoon online." However, the report does not disclose the image in question or explain its content.

Prosecutors interviewed by the network acknowledged that those under investigation are often shocked when police arrive at their door. "They don't think it was illegal," one prosecutor explained. "They say, 'No, that's my free speech.' And we say, 'Yes, you have free speech, but it also has its limits.'"

Those limits include "malicious gossip, violent threats, and fake quotes." They also extend to words or images that may be "deemed insulting" and apply not only to original posts but also to reposts. As one prosecutor explained, "The reader can't distinguish whether you created it or simply shared it."

Although fines are the most common penalty, repeat offenders can face prison time. In one example shared by *60 Minutes*, a user was fined €3,750 (about $3,900) for posting an image that suggested refugee children should play with electrical wiring.

'Penegate'

At the end of 2021, a municipal senator from the ruling SPD, Andy Grote, violated the social distancing rules he was responsible for enforcing as head of the area in Hamburg. In response to a post by the official, where he admonished those who held parties during the pandemic, an anonymous user wrote, "You are such a penis."

Three months later, once again in the early hours of the morning, six officers raided the user's house. The case sparked a stir: the word "penis" became one of the most searched terms, outraged activists printed and posted stickers with the phrase on the streets, and the debate took over social media, news portals, and TV channels.

Over time, the controversy sparked by "Pimmelgate" ("Willygate" in German) lost steam until it died down. Shortly after Grote's case, an environmental activist was also raided (six in the morning, four officers) for posting on Facebook an image with a mural painted with that phrase.

In its recent report, CBS acknowledges that some critical voices view the raids as a "backsliding" in freedom of expression. However, it does not include any representatives from that perspective. This coverage comes just hours after the network was involved in a controversial episode related to free speech and violence: a discussion between Secretary of State Marco Rubio and a reporter who had claimed that in Germany, "free speech was weaponized to conduct a genocide" (referring to the Holocaust).

An increase in reports

Reports of "hate speech" have been increasing year by year. In 2023, the number of cases doubled from 3,396 to 8,011. Official charts indicate that this upward trend has continued over the past year.

These data are collected by the Federal Police's Central Office for Reporting Criminal Internet Content (ZMI BKA). Established in February 2002, the office is responsible for gathering cases, attempting to identify suspects, and then coordinating with authorities in the federal states.

The ZMI BKA reports that the most common incidents include hate speech, the endorsement of criminal activity, and the use of unconstitutional or terrorist symbolism. For example, last year saw 70 simultaneous raids targeting offenses such as the use of Nazi symbols or the phrase "from the river to the sea"—a pro-Palestinian slogan associated with the elimination of Israel.

Another common offense, also highlighted in that multiple operation, is posting content targeting politically active figures. Several politicians have protested hurtful messages, including Renate Künast, a former minister, who complained about a Facebook meme suggesting that she had claimed every German should learn Turkish.

The message attributed to her the phrase: "Integration begins when you, as a German, learn Turkish!" Far from seeing it as a taunt or mockery, Künast told CBS that the fabricated quote damaged her reputation, as it made her appear "a bit crazy."

The Green Party politician sued Facebook to have the content removed, though the tech company explained that it was impossible. Künast praised the impact of her lawsuit, stating, "Yes, there are less hateful comments. And there was one tweet which says, 'Don’t say that to her, she would take you to court.'"

JD Vance: "This is Orwellian"

As Pimmelgate demonstrated, providing concrete protection for public officials is one of the most controversial aspects of the rule. Another point of debate is the argument that the majority needs to be protected from a minority that abuses freedom of expression. This idea was championed by a German prosecutor in the CBS segment, who stated, "Without boundaries, a very small group of people can rely on endless freedom to say anything they want, while everyone else is scared and intimidated."

Critics argue that the situation is upside down: those who need special protection should be the politicians and the majority, not just those expressing controversial views.

Among the critics is Elon Musk, owner of X and head of the Department of Government Efficiency (DOGE): "Thank the Lord that America has freedom of speech!" he posted in response to a clip from 60 Minutes. Musk combined his criticism of the program with an attack on its coverage of the layoffs motivated by DOGE.

In a concise response, the Republican House Judiciary Committee rejected an agenda snippet that included the quote "free speech needs boundaries," with a simple "no." 

"Insulting someone is not a crime, and criminalizing speech will put real strain on European-US relations," said Vice Chairman JD Vance, days after delivering a speech critical of Europe—particularly its policies on free speech—at a conference in Munich. "This is Orwellian, and everyone in Europe and the US must reject this lunacy."