Germany’s New Coalition Government Tackles Disinformation, Not Free Speech
Germany’s newly formed coalition government, comprising the conservative CDU/CSU union and the center-left Social Democrats (SPD), has pledged to address the growing threat of disinformation and foreign influence in elections. Their 144-page coalition agreement outlines measures to combat these "serious threats to our democracy," raising concerns among some about potential restrictions on free speech. However, legal experts and government officials insist that the agreement upholds existing constitutional protections while aiming to curb the spread of deliberate falsehoods.
The coalition agreement states that "the deliberate dissemination of false factual claims is not covered by freedom of expression." This statement, while appearing to restrict speech, reflects long-standing legal precedent in Germany. According to legal experts, the German Constitutional Court has consistently held that knowingly false statements of fact are not protected by Article 5 of the Basic Law, which guarantees freedom of expression and opinion. This distinction between opinion and demonstrably false claims has been upheld in numerous court rulings dating back decades. The coalition agreement merely reiterates this established legal principle.
The government’s focus on disinformation comes amidst heightened anxieties in Europe about manipulation of elections through online platforms. These concerns were exacerbated by incidents like Elon Musk’s engagement with the far-right Alternative for Germany (AfD) during the February election and critical commentary from US figures about free speech in Europe. The subsequent labeling of the AfD as a "right-wing extremist" party by German intelligence, though later suspended, further inflamed the debate.
Nathanael Liminski, Minister for Federal, European, International Affairs and Media of North Rhine-Westphalia, emphasized that freedom of speech is not absolute and comes with responsibilities. He cited anti-Semitism and Holocaust denial as examples of speech falling outside constitutional protections. However, legal experts stress that such instances are exceptionally rare. The bar for determining a statement as unprotected is high, requiring proof of intentional dissemination of demonstrably false information. Furthermore, statements combining factual claims with value judgments or opinions remain protected, even if the factual component is inaccurate.
Contrary to some claims, the government is not establishing a "Ministry of Truth." The coalition agreement calls for empowering the existing non-governmental media regulator to address information manipulation, hate speech, and incitement while adhering to legal guidelines and protecting free speech. This regulator comprises 14 independent state media authorities, operating at the federal state level and separate from the government. While the agreement suggests a stronger role for the regulator, its specific powers and enforcement mechanisms remain to be defined through legislation.
The coalition agreement also addresses the "systematically deployed manipulative dissemination techniques" such as the use of bots and fake accounts, suggesting a potential ban on such practices. While the feasibility and legality of such a ban are debated, it underscores the government’s commitment to combatting online manipulation. Minister Liminski suggested that such measures could be explored within the framework of the EU’s Digital Services Act, providing a potential avenue for European-wide regulation. The coalition government’s approach seeks to balance the fundamental right to free speech with the need to protect democratic processes from malicious actors spreading disinformation. Their emphasis is not on restricting legitimate expression, but on targeting deliberate and demonstrably false claims that undermine public discourse and electoral integrity.