The German Government wants to put a stop to hate messages on the internet, such as those that occurred after the Hamas attack on Israel on October 7 or after the stabbing attack at an event critical of Islam in the German city of Mannheim, when an Afghan murdered a police officer. And it will do so within the package of measures with which it will modify migration and residence laws to toughen them and make it easier for those who commit crimes or glorify terrorist acts to be returned to their countries of origin. Exalting terrorism on social networks can mean the deportation of migrants without legal residence in the country.
“We are taking tough measures against Islamist and anti-Semitic hate crimes on the internet,” Interior Minister Nancy Faeser announced this Wednesday. “Anyone who does not have a German passport and glorifies a terrorist act should, wherever possible, be expelled,” she added. The coalition Executive (between Social Democrats, Greens and Liberals) chaired by Chancellor Olaf Scholz has approved a bill to facilitate the deportations of those who promote or simply praise these acts, in street protests, written demonstrations or in comments on social networks. . A prior criminal conviction will not be necessary, according to a spokesperson for the Ministry of the Interior, that is, a judge will not be the one who decides what content can be considered glorification of terrorism.
The new rule has caused some confusion because the German media have initially interpreted that even liking content considered to be an apology for terrorism would be sufficient reason to expel a person without legal residence in Germany. Several digital media made headlines like this after learning about the text of the bill. “Whoever likes terror will have to leave,” for example, headlined public television on its website.
This information has provoked criticism from opposition parties such as The Left (Die Linke), which have warned that the new law could conflict with the right to freedom of expression. Subsequently, Minister Faeser appeared at a press conference and clarified: “It is not a simple click or a ‘like’.” “It’s about glorifying and publishing really disgusting and terrorist content,” she added.
The confusion occurs because the text of the bill published by Faeser’s ministry literally states: “The dissemination of content can, therefore, now also include the marking of a post through a ‘like’ on social media such as YouTube, Instagram, TikTok, etc.”
The Government intends for the bill to be quickly approved by the Bundestag (Lower House of Parliament) so that it comes into force as soon as possible. The chancellor announced at the beginning of the month the tightening of deportation laws after the murder of the police officer in Mannheim. The event shocked German society and fueled the debate about the expulsion from the country of foreigners who do not have the right to remain in the country, but who are not deported.
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Scholz then assured that his Government was preparing legislative changes to allow criminals and “dangerous people” to be sent more quickly to their countries of origin, even in the case of places that are not considered safe, such as Afghanistan or Syria. This decision caused controversy, because until now Germany follows to the letter international legislation according to which people cannot be deported to war zones if those affected are threatened with torture, death or other types of mistreatment in their country. This is stated in both the German Constitution and the Geneva Convention on the Status of Refugees. It is not clear how the expulsions will be carried out, because the German government is not willing to negotiate directly with the Taliban who rule Afghanistan or with the Syrian ruler Bashar al-Assad.
The tightening of asylum and deportation laws comes at a time of the rise of the far-right, anti-immigration party Alternative for Germany (AfD) and of growing concern about immigration and security in Germany. The presidents of the federal states, those in charge of managing the deportations of irregular immigrants, have been pushing for some time to toughen the laws that allow expulsions. The conservative opposition also demands a strong hand.
Glorifying acts of terrorism through comments on the internet “fosters a climate of violence that can encourage extremists to commit new violent acts,” said Minister Faeser when explaining the developments. The defense of terrorist crimes will constitute “an especially serious reason for deportation,” her ministry adds. This includes “condoning, welcoming, or glorifying” these acts.
German authorities have had to intervene to delete more than 10,700 Internet messages related to online hate since the Hamas attack against Israel on October 7, according to data from the Federal Criminal Police Office (BKA). German).
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