The German Institute for Human Rights (DIMR) has affirmed the fundamental legitimacy of house searches conducted in response to online hate comments, advocating for a robust legal response to online harassment and violence. In its latest annual report to the Bundestag, released Monday, the institute stressed that freedom of expression is not absolute and must be balanced against the protection of individual rights and the integrity of the democratic system.
DIMR Director Beate Rudolf, responding to inquiries from the dts news agency, emphasized that existing legal frameworks, both enshrined in the German constitution and within international human rights law, clearly establish limitations on freedom of expression, particularly regarding the protection of personal rights and reputation. She stated that criminal prosecution of online hate speech is not merely permissible but constitutes a necessary expression of the state’s duty to provide protection.
However, Rudolf cautioned that each case must be evaluated individually. She acknowledged that house searches constitute a particularly intrusive measure, reserved for situations where other legal avenues have proven ineffective. The institute specifically highlighted concerns when online harassment targets politicians, journalists, or engaged citizens with the intention of silencing them and eroding public discourse. Such actions, they argued, represent a severe threat that transcends individual grievances and directly challenges the foundations of the rule of law. In cases designed to intimidate or discourage participation in democratic processes, Rudolf indicated that such intrusive measures, like house searches, can be justified.
The DIMR’s tenth report to the Bundestag encompasses the period from July 1, 2024, to June 30, 2025 and focuses on the participation of young people. A notable observation within the report suggests a possible reluctance on the part of law enforcement agencies to fully utilize existing legal powers to combat online hate speech, despite the institute’s endorsement of their legitimacy. The report implicitly calls for a reassessment of these practices and a more proactive approach to safeguarding democratic principles in the digital realm.