The German Justice Minister, Stefanie Hubig of the Social Democratic Party (SPD), has staunchly defended a proposed law allowing for the revocation of voting rights for individuals convicted of incitement to hatred, framing it as a crucial measure to safeguard and bolster German democracy. In an interview with the “Neue Osnabrücker Zeitung”, Hubig emphasized the increasing prevalence of criminal incitement to hatred, citing attacks on human dignity, the provocation of antisemitism and anti-immigrant sentiment, Holocaust denial and calls for violence.
Responding to criticisms that the draft legislation, presented at the end of December, constitutes a restriction on freedom of expression, Hubig clarified its scope. The law targets “particularly egregious” cases of incitement to hatred: convictions resulting in prison sentences exceeding six months would then be subject to judicial review regarding the potential revocation of the right to vote. She asserted that the legal change is targeted and focused, highlighting that the existing German penal code already permits the suspension of voting rights. The revocation, if enacted by a court, would be limited to a five-year timeframe and remains discretionary, placing the ultimate decision in the hands of an independent judiciary.
While Hubig explicitly denied the measure was specifically aimed at the Alternative for Germany (AfD) or its Thuringia leader, Björn Höcke, the law has inevitably drawn intense scrutiny from within the party. She underscored that incitement to hatred is not confined to a single political spectrum and that courts should be empowered to react appropriately to severe cases regardless of the perpetrator’s political affiliation. Hubig concluded by noting, with a thinly veiled barb, that the perceived sensitivity of certain parties to the proposed legislation was “noted with interest”. The move is likely to fuel ongoing political debates concerning the balance between freedom of speech and the protection of democratic values, particularly amidst concerns about rising extremist sentiment within Germany. Critics remain skeptical about the potential for overreach and the risk of politicizing judicial decisions.