German court sentences journalist for meme

Interior Minister Nancy Faeser sued over a picture that claimed she “hates freedom of expression”.

A German district court has sentenced David Bendels, editor-in-chief of the conservative publication Deutschland-Kurier, to a suspended seven-month prison term for defaming Federal Interior Minister Nancy Faeser through a satirical meme.

The controversial meme, posted on Deutschland-Kurier’s X account in February 2024, showed Faeser holding a sign altered to read: “I hate freedom of expression.” The original photo featured the phrase “We Remember,” part of a Holocaust remembrance campaign. Faeser’s legal team filed a criminal complaint, which led to a fine and Monday’s sentencing by the Bamberg District Court in Upper Franconia, Bavaria.

The court found Bendels guilty under Section 188 of the German Criminal Code – a rarely invoked provision sometimes referred to as the “lese-majeste” or “injured majesty” law – which penalizes defamation of public officials, Deutschland-Kurier reported.

Noting that Bendels had no prior criminal record, the court suspended the sentence and placed him on two years’ probation. It also reportedly ordered him to issue a written apology to Faeser.

Bendels and his legal team have vowed to appeal the verdict, arguing that the meme was protected under the rights to freedom of expression and the press. They claim the case sets a troubling precedent for journalistic freedom in Germany.

“We will not accept this verdict and will challenge it by all legal means,” Bendels said. “Deutschland-Kurier and I will personally continue the fight for freedom of the press and expression – firmly, consistently, and with all consequences necessary for the continuation of democracy in Germany.”

Earlier this year, US Vice President J.D. Vance criticized what he called “Orwellian” German speech laws, referring to an interview with three German state prosecutors who explained that insulting someone in public or online is a punishable offense. The interview, aired by CBS, was recorded amid a wave of coordinated police raids across Germany targeting more than 50 individuals accused of spreading hate speech online.