When asked how he went bankrupt, the venerable American author of “Huckleberry Finn” Mark Twain said „Slowly at first, then all at once.“ It looks like that quintessential Western freedom to speak and write freely (within the already narrow parameters of incitement, libel and genocide denial laws) is heading down the very same path in Germany. Freedom of speech, that core practice that distinguishes the West from its competitors and adversaries, is curling up its toes between the Oder and the Rhine.
On New Year’s Day 2018, veiled government censorship detonated in the Teutonic Twittersphere as a new and eerily named hate speech law took effect – the Netzdurchsuchungsgesetz. I’ve covered the NetzDG ‘s slow dark creep and how it’s the antithesis of all that characterizes the West – arbitrary, without redress, full Mao.
As it seeks to make a thousand flowers bloom, the law also has the potential of spooking investors and even of damaging investor sentiment in Germany. That’s especially true for smaller urban tech start-ups and for downtown real estate, as I discovered at the latest Tech Summit in Lisbon. More on that later. First, here’s a bit of polit-drama to spice up a baleful tale.
Not Tried, But Immediately Tested
After the NetzDG went into effect on the first day of 2018, it was immediately tested by an arch-adversary of the sitting government. AFD MP Beatrix von Storch fired off a Tweet that entered the Shadowland of What is Acceptable. In emotive language, she lashed out at “barbaric, gang-raping Muslim hordes”. The tweet was quickly scrubbed by Twitter. (In a prima facie example of how misguided the law is, a satire of her tweetwas erased as well.) Von Storch then used the censorship as a case in point – that the NetzDG was not about fighting hate, but was instead a cynical bid to ring-fence debate on the CDU/SPD’s Open Borders policy and its consequences. That policy is now facing mounting public rejection and is weighing heavily on tough exploratory talks for a coalition government.
Hate Speech Charges: Used to Smokescreen Policy Failures?
You can argue whether or not the AFD Co-Chair’s Beatrix von Storch’s Tweet was in good taste. But that’s not at issue. What is, is her fundamental right to express her own thoughts and sentiments where, how and when she pleases. Especially when it comes to public policy and police failures to protect the public. Taking it one step further, the very police department her Tweet criticized (Cologne’s) then put her under investigation for incitement for underscoring unpleasant facts that put them in a bad light! Again, the question here is not whether von Storch stereo-typed a group, hurt feelings or even engaged in incitement. The question is about censoring political speech at the exact moment migration becomes the nation’s most emotional and divisive issue. The Twitter erasure and felony charges arise just as new crime stats point to a direct link between increased unvetted migration and soaring violence and crime in Germany and Europe.
Setting the Cologne police case aside, a public courtroom, not a corporate office for private media police , is the proper venue to judge if Von Storch broke the law. That’s been the democratic norm in the US since 1789 and the Federal Republic since 1949. The CDU/SPD Grand Coaltion has clearly dropped the torch.
A Law Unto Itself
The NetzDG has been ripped apart by a cross-section of civil society. Even the UN, assorted NGO’s and the EU have expressed concern. And since the NetzDG has the whiff of political sulfur, it’s hardly surprising the AFD, seeing an opportunity, has gone in for the kill. The FDP and the Greens as well have made undoing the law part of their agenda. (The Greens, though, want more, not less, government intervention. According to the DTS News Service, leading Green Renate Kunast wants a national network of courts to convict offenders.) All of this has stoked the debate that Germany is sleepwalking backward into the bad old days of the Stasi in the Communist East. As a young journalist, I spent a number of tours in the grayscapes of the DDR. I never saw a thousand blossoms. But I did meet some of the earnest “Heroes of the Revolution” who were busy monitoring, censoring and arresting fellow citizens for aberrant thoughts and utterances, like the gentleman below.
The NetzDG is not Investor-Friendly
The NetzDG is tarnishing Germany’ reputation as a progressive society. What it reveals is a jittery nanny state micromanaging Tweets with a legion of amateurs unsuited for their role, whose task is administering directives and whose judgment is final. That might work if your business partner is a sweatshop providing the only jobs in a malarial swampland. It does not work if you’re looking for the best and the brightest. What makes Silicon Valley shine for tech investors is the atmosphere of inventiveness deeply rooted in free thinking. Arabesques of creativity were not exactly the order of the day in the DDR. They will become less likely in a Germany where social media is tightly monitored for missteps.
And it sets Germany on a slippery slope. How long is the descent from censored tweets to China’s social media ratings that determine your employment or housing possibilities? Far-fetched? Some in the German elite are openly lobbying for pivoting to China as Berlin’s preferred partner rather than Trumps’ America. It’s not only perceptions of what Germany’s is becoming that’s worrying investors. At the Tech Summit in Lisbon, young founders also grilled me on security in business hubs like Frankfurt and Berlin in light of the arrival of thousands of unvetted migrants.
They’re Only Numbers
Unfortunately, I couldn’t provide them with concrete numbers, and could only point to the anecdotal record. That, as mentioned, has changed as I write this, and the latest numbers confirm aggregated police blotter reports showing a connection and a causality between a spike in migrant numbers and a spike in certain types of crime. This topic has been largely ignored by Germany’s mainstream news networks. (Some of the questions raised at the Tech Summit were based on personal accounts of recent travelers to Germany.) I left Lisbon with the impression there are growing reservations among digital nomads about German cities, especially about my home, Berlin. For Generation Z, I discovered, it no longer enjoys a reputation as a laid-back locale for hipsters looking to start up the next Spotify or Netflix. Now it’s Lisbon that’s topping the charts for groove and the buzz. Not just because of its young tech scene, its modest prices and its stunning natural beauty and nostalgic architechtural beauty. It’s also one of Europe’s safest cities – especially for young women. (But watch out for the pickpockets on scenic Tram 28!)
Taking a break at TechSummit17 with the Tall Ships
Can Germany Get Its Freedom Mojo Back?
Step One to a new German Mojo is dumping NetzDG on the scrap heap of history. Germany’s leading publications are already leaning that way. Editors are recalling Europe’s rich heritage: what has distinguished us, beginning with the Greek city-state until this very day, is the freedom to speak our minds publically and in assemblies, the Agora, without fear. The NetzDG imbues the Digital Agora with an atmosphere of denunciation and suspicion. The choice for Germans is clear: they can choose freedom, with all its nuances and responsibilities, or they can choose fear, the great paralyzer and destroyer. Let’s hope 2018 will see Germans reconnecting with the Freedom Mojo that was their glory in 1848 and in 1989. The world would be a better place for it.
Copyright 2018 by Brian Thomas All rights reserved. All photos thanks to Wiki Commons.
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Brian Thomas
Brian Thomas 
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