Germany’s incoming government—likely a coalition between the Christian Democrats (CDU) and the Social Democrats (SPD)—has floated a troubling proposal: banning so-called “lies.”
In a move that reeks of state overreach, their working paper argues that “disinformation and fake news” endanger democracy, making censorship a necessary tool. The plan, leaked to Bild, suggests restrictions on social media content and a redefinition of free speech to exclude statements deemed false by the authorities.
Legal experts are sounding the alarm. Volker Boehme-Neßler, a constitutional law professor at the University of Oldenburg, pointed out that lies are only illegal if they meet criminal thresholds, such as sedition. Otherwise, “you can lie.” Even distinguishing between fact and opinion is a legal gray area, he added, warning that courts tend to interpret free expression broadly.
The paper’s vague references to “hate and agitation” raise further concerns. “These aren’t even legal terms,” Boehme-Neßler noted, emphasizing that in Germany, even spreading hatred is generally protected under free speech. “Saying ‘I hate all politicians’ isn’t a crime,” he explained. Josef Franz Lindner, a law professor from the University of Augsburg, echoed these concerns, warning that criminalizing “false facts” would be a dangerous blow to free expression. “A law against ‘fake news’ would turn every controversial statement into a potential legal risk,” he cautioned.
Ironically, one of the proposal’s key backers, CDU leader Friedrich Merz, has openly contradicted his own past statements. Before the election, he vowed to uphold Germany’s constitutional debt brake. After securing power, he promptly announced historic levels of new borrowing. If the proposed law had already been in effect, would Merz have faced consequences for his own “disinformation”?
Critics argue the true aim of the law isn’t safeguarding democracy but controlling public discourse. Lawyer Joachim Steinhöfel, who has represented clients in internet censorship cases, sees it as a direct attack on independent voices. He claims the CDU and SPD intend to “intimidate social media content creators,” effectively stifling dissent. He further noted that Germany’s existing online censorship laws already lack a strong constitutional basis—yet now, the government wants even more power over speech.
If this law passes, Germany risks setting a chilling precedent, where the state—not the people—decides what constitutes truth. In a time when free speech is already under siege across Europe, this proposal signals a dangerous shift toward authoritarianism.
