Germans not free to insult religion?

[luchog]

German court convicts man for insulting Islam (http://news.yahoo.com/s/nm/20060223/wl_nm/crime_religion_germany_dc_2)

Okay, what the guy did was quite amazingly rude, inexcusably so; but a conviction for insulting a religion? Not harassment, not "hate speech", but "insulting religion"; a crime that carries up to a 3 year jail sentence. (I'm curious if German criminal code differentiates between crimes the way we do here -- misdemeanor vs. felony, and degrees of offense.) I'd be interested in the actual contents of the letter that he sent with the toilet paper, as well. Could be something more to it than the news article mentions.

I've seen the toilet paper for sale online.

For all the complaints that the US is a theocracy, or moving in that direction, such a case would be unthinkable here. In the US he could have been nailed for harrasment, possible more, depending on the content of the letter; or at the very least ended up with a half-dozen restraining orders. He could not have been prosecuted, or even sued in civil court, for simply being insulting to religion.

Maybe certain people should get their own houses in order before complaining about the US.

[bignickel]

So, in Germany, the penalty for insulting the FGM or Bob of the Subgenious is up to 3 years in prison?

"He who insults His Noodley Appendage must be careful of picking up the soap."

How about if David Irving had declared his own 'religion', in which his own 'bible' said the Holocaust never happened? If he had been arrested in Germany, rather than Austria, would his prosecuters themselves be prosecuted for insulting his religion?

[NeilC]

That would be OK because continued outright lying and preaching of tribal, religious and ethnic hatred is part and parcel of the main religions.

[ZeeGerman]

The corresponding paragraph of the "Strafgesetzbuch" (criminal code) is §166

(1) Wer öffentlich oder durch Verbreiten von Schriften (§ 11 Abs. 3) den Inhalt des religiösen oder weltanschaulichen Bekenntnisses anderer in einer Weise beschimpft, die geeignet ist, den öffentlichen Frieden zu stören, wird mit Freiheitsstrafe bis zu drei Jahren oder mit Geldstrafe bestraft.

(2) Ebenso wird bestraft, wer öffentlich oder durch Verbreiten von Schriften (§ 11 Abs. 3) eine im Inland bestehende Kirche oder andere Religionsgesellschaft oder Weltanschauungsvereinigung, ihre Einrichtungen oder Gebräuche in einer Weise beschimpft, die geeignet ist, den öffentlichen Frieden zu stören.

It says basically that the act of insulting a religious belief in a way that is prone to disturb public peace can get you up to three years.

So the act per se is not actionable, it has to been seen in the current social/political context. In the context of the killing of Theo van Gogh (one of the motives of the defendant) half a year earlier, sending the stuff to isalmic communities and several mosques, I would say that the sentence of a year with probation is hard but not outragous.

Zee

[Beerina]

But all that will do is cause the creation of feigning great offense for the purpose of silencing critics. The US has slipped way down this slippery slope since the only way a lot of laws can get passed is for people to claim massive psychological damage.

I'd advise against allowing that.

[bignickel]

It says basically that the act of insulting a religious belief in a way that is prone to disturb public peace can get you up to three years.


Well, considering the rioting done by fanatical muslims over a 'cartoon' that they felt insulted the Prophet... I would figure that if anyone published the cartoon in Germany, they would be arrested, since it's VERY definitely going to disturb the public peace.

[CapelDodger]

Well, considering the rioting done by fanatical muslims over a 'cartoon' that they felt insulted the Prophet... I would figure that if anyone published the cartoon in Germany, they would be arrested, since it's VERY definitely going to disturb the public peace.What rioting are you referring to?

[shecky]

Maybe certain people should get their own houses in order before complaining about the US.

What do Germany's screwed up speech laws have to do with certain people's disgust over America's screwed up religious culture? Do Americans have no right to complain because it sould be worse?

[luchog]

What do Germany's screwed up speech laws have to do with certain people's disgust over America's screwed up religious culture? Do Americans have no right to complain because it sould be worse?
More sort of pointing out the hypocrisy. American's aren't the only first-world nation with a screwed-up religious culture; apparently.