SirEdward
Well-Known Member
Don't worry, it's defined in very restrictive terms. Many other nations have similar rules, such as Austria, Switzerland, France, Ukania, Sweden, Finland, ... there even is an EU initiative on the way, you might need to join the list soon.
Sometimes you can learn something even from the US. Strange but true!
As for "if people like those two had the power to define the meaning and application of those words", well - that's what we have a working court system for. Two random people don't redefine the meaning of well-established laws.
What I was saying is so clear that if I didn't know you already, I would say you are making fun of me. But I know you aren't, so what I was saying, clearly, is not that two random people can do that, but that if their way of thinking was spread enough as to become common judgement, you could be in prison for something that in my way of thinking wouldn't be worth of that. This example is a way to remind you that censorship is bad, because who's to decide what's wrong and what's not, since we are speaking of words and ideas? Very easy example: Pussy Riot.
I'll make you some examples more: do you remember when slavery existed and speaking rudely against some master might mean punishment, flogging or, in some cases, death? Do you remember when being atheist was an insult to god and meant prison, or worse?
I understand why that law exist, but it's dangerous, because it is, ultimately, deeply wrong in its essence. Who decides what's an insult and what is just overreaction?
Whether the video in question actually would violate that law would be for a court to decide.
Yes, but according to what rule? And what people did made the rule? We are lucky now, because that law is effective in today's Germany, but a good law isn't a good law if a change in people's mind can turn it into a horrible tool without even modifying a single word of it.
Funnily, Volksverhetzung crimes committed outside of Germany may still be prosecuted here if they have an effect here as if committed here. FG top tip, don't visit us.
You see, now I could make a joke and mock the prosecution of something outside Germany's jurisdiction as if wanting to decide for all was some 70+ years-old bad habit of German people. This would make you very angry. I would have insulted you, and quite a bit. Should I be put in prison... for a terribly bad joke? Or should the punishment be disproportionate to the crime? Yes, maybe the law needs something more to really put people in prison, but it's essence doesn't; any limitation or mitigation would always be completely accessory and debatable.
Also, what if I said: "Jedis are stupid, they are all deluded followers of a hobo and a man in love with her sister, they should all die and Palpatine should be the one ruler of the Empire!". Should I be brought before court because I insulted the Jedi's religion (which actually exists!)?
You can't change minds with laws, yes - but you can prohibit the spreading of such ideas. See those protests in the Islamic world, I'm fairly certain that most violent protesters had those ideas put into their mind, very few came up with the ideas themselves.
I agree with you on the protesters, but you can't just prohibit ideas, you have to teach people how to tell a good one from a bad one. Only then bad ideas will wither away and never return.
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