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German Citizens’ Forum Proposes Criminalizing “Disinformation”

Stifling free speech.
Nancy Faeser

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A citizens’ council – established by Germany’s Interior Minister Nancy Faeser to help combat what she sees as “fake news,” has come up with a number of recommendations, including criminalizing whatever the authorities decide to consider to be the “spread of disinformation.”

The proposal is in line with Faeser’s own policies, which opponents see as strongly pro-censorship (and that includes trying to ban a magazine critical of the government).

No surprise also that Faeser’s ministry is open to the suggestions – a statement said it would be “analyzed.” Furthermore, the Interior Ministry will “examine the extent to which (the recommendations)” can be incorporated into its work.

All this is already being interpreted in the context of the previous conduct of Germany’s government, which critics say is not only free speech and media freedom-unfriendly – but is also, while declaratively fighting disinformation, giving a leg up to those media outlets that actually spread disinformation (the implication being, the kind of disinformation that suits the government.)

In a world where war is peace, freedom is slavery, etc., Faeser’s council’s full name is, “Forum against Fakes—Together for a Strong Democracy.” But it’s questionable how German democracy could benefit from an even more draconian clampdown on speech than what is currently happening.

91 percent of those participating in Fraser’s council (and that’s reportedly more than 420,000 people) have recommended that the ministry look into the possibility of “examining criminal prosecution and/or sanctioning the spread of disinformation.”

The council can be seen as a form of “policy laundering” – where a politician’s own ideas are put through a body said to represent citizens, to then be accepted as supposedly (all) citizens’ proposal.

In order to start prosecuting and punishing people for disinformation, there was no way of avoiding “defining” what it was. The attempt, however, is poor.

“Targeted false information that is spread in order to manipulate people. The aim is to influence public debates, divide society, and weaken cohesion and democracy.” That’s the “definition,” which is alarmingly broad and open to interpretation and manipulation.

Another point that the council’s recommendations make is that punishing people found to be “weakening cohesion” and such is to, basically, subject them to reeducation.

“Deter” and “increase awareness of wrongdoing” is how this is worded. However, observers are not sure such measures can coexist with Germany’s Basic Law and its provisions meant to protect freedom of expression.

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