A court in Germany this week sentenced journalist David Bendels to a suspended prison sentence for a satirical meme targeting Social Democrat Interior Minister Nancy Faeser. According to the court, the meme “offends the reputation of the Interior Minister”.
On April 7, the court in Bamberg, Upper Franconia, convicted journalist David Bendels – editor-in-chief of the conservative newspaper Deutschland-Kurier – of defamation, Spiegel reports.
In February 2024, the newspaper published a satirical meme on platform X, in which Interior Minister Nancy Faeser is seen holding a sign that the newspaper changed from ‘We Remember’ – part of a Holocaust remembrance event – to ‘I hate freedom of expression’.
The court considers that the meme “offends the reputation of the Minister of the Interior” and thus violates Section 188 of the German Criminal Code, which is supposed to protect public figures from defamation.
The court sentences David Bendels to seven months of suspended imprisonment and places him on two years of probation. In addition, the court has ordered Bendels to issue a written apology to Nancy Faeser.
As Bendels has no previous criminal record, the court opted for a suspended sentence, but the verdict marks the first time a German journalist has been sentenced to prison for a similar offense.
Nancy Faeser wants to put our editor David Bendels in prison for spreading this meme.
But we insist on our right to free speech.
So we have decided to post it AGAIN in English for the entire world to see. pic.twitter.com/m4W3kMYMvU
— Deutschland Kurier (@Deu_Kurier) November 23, 2024
To be appealed
Bendels does not accept the verdict and plans to appeal. He defends the meme as satire and an expression of normal press freedom.
–We will not accept this verdict and will challenge it by all legal means. 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.
Many warn that the penalty could lead to self-censorship among journalists, with legal experts arguing that the law could clash with Germany’s constitutional protection of freedom of expression.
Early this year, US Vice President JD Vance criticized what he called “Orwellian” German free speech laws, citing an interview with three German prosecutors who explained that insulting someone in public or online is a criminal offence.
In the past, organizations such as Reporters Without Borders have expressed concern about similar restrictions on press freedom in Europe.