Censorship in the Federal Republic of Germany
Encyclopedia
The Federal Republic of Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

 guarantees freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

, expression, and opinion to its citizens as per Article 5 of the constitution. Despite this, censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...

 of various materials has taken place since the Allied occupation after World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

 and continues to take place in Germany in various forms due to a limiting provision in Article 5, Paragraph 2 of the constitution. According to the Reporters Without Borders
Reporters Without Borders
Reporters Without Borders is a France-based international non-governmental organization that advocates freedom of the press. It was founded in 1985, by Robert Ménard, Rony Brauman and the journalist Jean-Claude Guillebaud. Jean-François Julliard has served as Secretary General since 2008...

 Press Freedom Index, Germany is currently ranked 17th in the world in terms of press freedom.

During the Allied occupation of Germany, the media was controlled by the occupying forces. The policy rationales differed among the occupying powers, but there was resentment in literary and journalistic circles in many parts of the country. Undesired publishing efforts were unilaterally blocked by the occupying forces.

Since the publication of the German Grundgesetz, there have been two kinds of censored media in Germany. The first is material that is considered offensive or indecent; such media are placed on the "Index" and restricted in their publication, and distribution to minors is illegal. The second is material that is considered anti-constitutional, dangerous to the state. The underlying concept is "streitbare Demokratie
Streitbare Demokratie
The political system of the Federal Republic of Germany is also called wehrhafte or streitbare Demokratie . This implies that the government , the parliament and the judiciary are given extensive powers to defend the freiheitlich-demokratische Grundordnung against those who want to abolish...

" (self-defending democracy) that legally hinders the rise of all anti-constitutional and thus undemocratic movements. The media concerned are banned outright, with criminal penalties for infringements. An example is the outright ban on material which supports National Socialism.

Allied occupation

During Allied occupation
Military occupation
Military occupation occurs when the control and authority over a territory passes to a hostile army. The territory then becomes occupied territory.-Military occupation and the laws of war:...

 of West Germany
West Germany
West Germany is the common English, but not official, name for the Federal Republic of Germany or FRG in the period between its creation in May 1949 to German reunification on 3 October 1990....

 in the years following World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, all printing was subject to Allied approval. Although no formal censorship process was in place, the Allies—particularly the Americans—carefully monitored emerging literature
Literature
Literature is the art of written works, and is not bound to published sources...

 for content they considered harmful. Sympathy with the Nazi cause and criticism of the occupation were considered worthy of censorship. (See Denazification
Denazification
Denazification was an Allied initiative to rid German and Austrian society, culture, press, economy, judiciary, and politics of any remnants of the National Socialist ideology. It was carried out specifically by removing those involved from positions of influence and by disbanding or rendering...

)

The U.S. Army took control of German media. The Information Control Division
Information Control Division
The Information Control Division was a department of the U.S. Army during the early period of American occupation of Germany after World War II. Founded in 1945, it operated in the American occupation zone The Information Control Division was a department of the U.S. Army during the early period of...

 of the U.S. Army had by July 1946 taken control of 37 German newspapers, 6 radio stations, 314 theaters, 642 cinemas, 101 magazines, 237 book publishers, and 7,384 book dealers and printers.http://www.psywarrior.com/mcclure.html Its main mission was democratization but the agenda also included the prohibition on any criticism of the Allied occupation forces.http://www.gwu.edu/~nsarchiv/coldwar/interviews/episode-4/lochner2.html. In addition, on May 13, 1946 the Allied Control council issued a directive for the confiscation of all media that could contribute to Nazism or militarism. As a consequence a list was drawn up of over 30,000 book titles, ranging from school textbooks to poetry, which were now banned. All copies of books on the list were confiscated and destroyed; the possession of a book on the list was made a punishable offense. All the millions of copies of these books were to be confiscated and destroyed. The representative of the Military Directorate admitted that the order was in principle no different from the Nazi book burnings
Nazi book burnings
The Nazi book burnings were a campaign conducted by the authorities of Nazi Germany to ceremonially burn all books in Germany which did not correspond with Nazi ideology.-The book-burning campaign:...

.

The censorship in the U.S. zone was regulated by the occupation directive JCS 1067 (valid until July 1947) and in the May 1946 order valid for all zones (rescinded in 1950), Allied Control Authority Order No. 4, "No. 4 - Confiscation of Literature and Material of a Nazi and Militarist Nature". All confiscated literature was reduced to pulp instead of burning. It was also directed by Directive No. 30, "Liquidation of German Military and Nazi Memorials and Museums." An exception was made for tombstones "erected at the places where members of regular formations died on the field of battle."

As regards art, in the U.S. zone it was just as censored as all other media; "all collections of works of art related or dedicated to the perpetuation of German militarism or Nazism will be closed permanently and taken into custody.". The directives were very broadly interpreted, leading to the destruction of thousands of paintings and thousands more were shipped to deposits in the U.S. Those confiscated paintings still surviving in U.S. custody include for example a painting "depicting a couple of middle aged women talking in a sunlit street in a small town"http://culturalpolicy.uchicago.edu/workshop/goldstein.html#anchor2346344 Artists were also restricted in which new art they were allowed to create; "OMGUS was setting explicit political limits on art and representation".http://culturalpolicy.uchicago.edu/workshop/goldstein.html

The publication Der Ruf (The Call) was a popular literary magazine
Literary magazine
A literary magazine is a periodical devoted to literature in a broad sense. Literary magazines usually publish short stories, poetry and essays along with literary criticism, book reviews, biographical profiles of authors, interviews and letters...

 first published in 1945 by Alfred Andersch
Alfred Andersch
Alfred Hellmuth Andersch was a German writer, publisher, and radio editor. The son of a conservative East Prussian army officer, he was born in Munich, Germany and died in Berzona, Ticino, Switzerland...

 and edited by Hans Werner Richter
Hans Werner Richter
Hans Werner Richter was a German writer.Born in Neu-Sallenthin, Usedom, Richter is little known for his own works but found worldwide celebrity and acknowledgment as initiator, moving spirit and "grey eminence" of the Group 47, the most important literary association of the German Federal Republic...

. Der Ruf, also called Independent Pages of the New Generation, claimed to have the aim of educating the German people about democracy. In 1947 its publication was blocked by the American forces for being overly critical of occupational government. Richter attempted to print many of the controversial pieces in a volume entitled Der Skorpion (The Scorpion). The occupational government blocked publication of Der Skorpion before it began, saying that the volume was too "nihilistic".

Publication of Der Ruf resumed in 1948 under a new publisher, but Der Skorpion was blocked and not widely distributed. Unable to publish his works, Richter founded Group 47
Group 47
Gruppe 47 was an influential literary association in Germany after World War II. '47' Stands for the year of their creation, 1947.-Early history:The beginnings reach back to1946 when Alfred Andersch and Walter Kolbenhoff founded the literary...

.

The Allied costs for occupation were charged to the German people. The newspaper that revealed that the charges included for example the cost for thirty thousand bras
Brassiere
A brassiere is an undergarment that covers, supports, and elevates the breasts. Since the late 19th century, it has replaced the corset as the most widely accepted method for supporting breasts....

 was banned by the occupation authorities for revealing this.

Constitution and the Index of Harmful Materials

In May 1949, the German Grundgesetz
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...

, the new constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

, was passed and control of West Germany passed officially into German hands. Article 5 contains a section protecting freedom of expression:
Every person has the right freely to express and disseminate his opinions in speech, writing, and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films are guaranteed. Censorship does not occur.


However, there is a limiting provision:
These rights find their limits in the provisions of general laws, in provisions for the protection of young persons, and in the right to personal honor.


This provision enabled the creation of the Bundesprüfstelle für jugendgefährdende Medien
Bundesprüfstelle für jugendgefährdende Medien
The Federal Department for Media Harmful to Young Persons is an upper-level German federal agency subordinate to the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth. It is responsible for examining media works allegedly harmful to young people and entering these onto an...

, or the Federal Examination Department for Media Harmful to Young Persons. The Department is responsible for maintaining the Index of Harmful Materials. Materials on the Index are severely restricted in their sale and distribution: they cannot be sold by mail, and many materials can only be sold "under the counter". While their advertisement and marketing is censored in general, these publications themselves are not.

Items on the index include pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...

, graphic media which glorify war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...

 and violence
Violence
Violence is the use of physical force to apply a state to others contrary to their wishes. violence, while often a stand-alone issue, is often the culmination of other kinds of conflict, e.g...

, materials considered to be anti-constitutional (such as the writings of the Red Army Faction
Red Army Faction
The radicalized were, like many in the New Left, influenced by:* Sociological developments, pressure within the educational system in and outside Europe and the U.S...

), and material likely or intended to induce hate.

Material that is considered unconstitutional is also dealt with by the Bundesamt für Verfassungsschutz (Federal Office for the Protection of the Constitution) and may be brought to trial in court. The Verfassungsschutz often operates via "V-Männer" (colloq. shorthand for "Verbindungsmänner", lit. "connection men" - recruited members of unconstitutional groupings working under cover for the state) who keep track of and counter unconstitutional political movements and their projects.
This concept of "streitbare Demokratie" (self-defending democracy) was developed as a late response especially to the rise of the NSDAP, but also KPD
Communist Party of Germany
The Communist Party of Germany was a major political party in Germany between 1918 and 1933, and a minor party in West Germany in the postwar period until it was banned in 1956...

, that turned the democratic Weimar Republic
Weimar Republic
The Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...

 into the Nazi regime.

National Socialism and Holocaust denial

German protections for freedom of ideas and expression are superseded by various provisions against "anti-constitutional" politics, which usually (but not exclusively) refers to Neo-Nazism.

National Socialist parties

National Socialism is banned outright in Germany as anti-constitutional; it is illegal to found or belong to a Nazi party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...

. Any party considered to be National Socialist can be banned by the Bundesverfassungsgericht, Germany's highest court. Likewise, publications in support of such groups are automatically placed on the Index, and some may be banned altogether.

Materials which express sympathy with National Socialism, however, are a more complicated manner. Ordinarily the printing of these materials does not constitute membership of a National Socialist organization and is therefore allowed. These materials are almost always placed on the Index.

Criminal law also proscribes symbols that are strongly identified with the Nazi Party (such as the Swastika
Swastika
The swastika is an equilateral cross with its arms bent at right angles, in either right-facing form in counter clock motion or its mirrored left-facing form in clock motion. Earliest archaeological evidence of swastika-shaped ornaments dates back to the Indus Valley Civilization of Ancient...

) or that are symbols used often by neo-Nazi successor organizations or racist organizations in general.

There is a debate about whether the German NPD
National Democratic Party of Germany
The National Democratic Party of Germany – The People's Union , is a far right German nationalist party. It was founded in 1964 a successor to the German Reich Party . Party statements self-identify as Germany's "only significant patriotic force"...

 is National Socialist and there have been attempts to ban it.

Mein Kampf

Printing and public distribution of Hitler's
Adolf Hitler
Adolf Hitler was an Austrian-born German politician and the leader of the National Socialist German Workers Party , commonly referred to as the Nazi Party). He was Chancellor of Germany from 1933 to 1945, and head of state from 1934 to 1945...

 book Mein Kampf
Mein Kampf
Mein Kampf is a book written by Nazi leader Adolf Hitler. It combines elements of autobiography with an exposition of Hitler's political ideology. Volume 1 of Mein Kampf was published in 1925 and Volume 2 in 1926...

is not allowed due to copyright. After Hitler's death in 1945, the copyright to all his works reverted to the Free State of Bavaria
Bavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...

, where Hitler had his official residence despite living in Berlin
Berlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...

. These rights will expire at the end of 2015, after which the legal status of the book is dubious. Private ownership and trade is allowed so long as it does not "promote hatred or war". The lesser-known "Second Book" is legal to print and trade, but it appears on the Index.

In 1999, Mein Kampf was the second highest selling book on Amazon.com
Amazon.com
Amazon.com, Inc. is a multinational electronic commerce company headquartered in Seattle, Washington, United States. It is the world's largest online retailer. Amazon has separate websites for the following countries: United States, Canada, United Kingdom, Germany, France, Italy, Spain, Japan, and...

 to addresses in Germany. The German government pressed Amazon to stop selling the book to German addresses in accordance with its ban; Amazon originally resisted, but then relented, temporarily stopping shipment to all non-US addresses. Later that same year, Barnes and Noble ceased sales of the book to Germany under pressure from German publishing company Bertelsmann.

Holocaust denial

Holocaust denial
Holocaust denial
Holocaust denial is the act of denying the genocide of Jews in World War II, usually referred to as the Holocaust. The key claims of Holocaust denial are: the German Nazi government had no official policy or intention of exterminating Jews, Nazi authorities did not use extermination camps and gas...

 is a crime in Germany. § 130(3) of the StGB
Strafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...

 (German penal code) reads:
He who, publicly or in assembly, approves, denies, or trivializes genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...

 committed under the regime of National Socialism in a way that is suitable to disturb the public peace, is subject to imprisonment up to 5 years or a monetary fine.


Perpetrators of Holocaust denial can be tried in absentia and declared persona non grata
Persona non grata
Persona non grata , literally meaning "an unwelcome person", is a legal term used in diplomacy that indicates a proscription against a person entering the country...

, thus being barred from entering the country. Extradition treaties as relate to Holocaust denial are subject to political asylum pleas, but a persona non grata who enters Germany can be immediately arrested. Furthermore, a German arrest warrant based on the offense of Holocaust denial is deemed executable in many EU states, thus, a Holocaust denier's entry into any EU state could lead to arrest and extradition to Germany (or any other state where such denial is an offense, such as Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...

, and which has issued an arrest warrant).

Among those who have been charged with Holocaust denial in Germany are the following:
  • David Irving
    David Irving
    David John Cawdell Irving is an English writer,best known for his denial of the Holocaust, who specialises in the military and political history of World War II, with a focus on Nazi Germany...

    , who was declared persona non grata and has not returned to Germany;
  • Germar Rudolf
    Germar Rudolf
    Germar Rudolf is a German chemist and Holocaust denier.-Background:Rudolf was born in Limburg an der Lahn, Hesse. After finishing secondary education in 1983 in Remscheid, Rudolf studied chemistry in Bonn, completing his studies in 1989. As a student, he joined A.V. Tuisconia Königsberg zu Bonn...

    , who was sentenced to prison but fled jurisdiction; he was deported from the United States in 2005;
  • Ernst Zündel
    Ernst Zündel
    Ernst Christof Friedrich Zündel is a German Holocaust denier and pamphleteer who was jailed several times in Canada for publishing literature which "is likely to incite hatred against an identifiable group" and for being a threat to national security, in the United States for overstaying his visa,...

    , received a five year prison sentence on February 15, 2007 in Germany,
  • Frederick Toben, an Australian citizen, who had an appointment with a German public prosecutor in Mannheim with whom he wanted to discuss Holocaust denial; at the end of the conversation with the prosecutor, Toben was presented an arrest warrant which the prosecutor had already obtained beforehand. A German court sentenced him to a prison sentence of ten months.
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