this post was submitted on 13 Jun 2023
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[IANAL] In Germany only specific types of hate speech are criminal. These are:
Other forms of hate speech might be cause for civil suits or may oblige the platform provider to remove your speech, but do not rise to a criminal offence.
Again: I am not a lawyer.
Also this only really applies to German citizens. We saw a recent study in this when a Ukrainian diplomat went on a German podcast and denied part of the Holocaust, and no criminal proceeding followed (consistent with established law). I think the platform itself was fine because the host firmly pushed back on it with historical evidence instead of idly platforming him, though he was still allowed to express his views to his content.
You can't cite a diplomat not being punished as an example of a law only applying to German citizens.
Diplomats almost always have extra protections compared to regular residents.