this post was submitted on 15 Feb 2025
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Ye Power Trippin' Bastards
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This is a community in the spirit of "Am I The Asshole" where people can post their own bans from lemmy or reddit or whatever and get some feedback from others whether the ban was justified or not.
Sometimes one just wants to be able to challenge the arguments some mod made and this could be the place for that.
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Not that directly, but saying they have "zero worth" might be against GG Article 1
Pretty sure dehumanizing can be prosecuted under this, even if its rather tame. Also there have been some laws over the last few years that criminalize violent speech on the internet and that give people the ability to report comments directly to agencies. These might make it quite dangerous for the instance to keep up these comments.
I assure you, German leftist often say way more intense stuff on a daily basis, but not on publicly hosted servers
Can you quote the actual article?
Can you be less annoying? No one owes you anything here.
You are misrepresenting the facts here. Nobody said that calling Nazis pieces of shit is actionable under German law. That's not the problem. The post specifically states that "Nazi lives don't matter", questioning a person's right to life is dehumanizing and might very well break German law. I'm not a lawyer, so I'm not gonna quote specific case law but if I were an admin, I'd also would err on the side of caution here.
Can you go and kindly shag yourself? No one asks you to answer here.
Furthermore, you don't have a clue how logic works, do you? If someone claims the comment has been removed due to German law, it is on them to prove it.
I guess that's a no
Well done, perfectly logical analysis of my last comment. Now try to apply the same to the entire thread.
Oh my god, do you seriously think you can analyse laws and case law of a different country in a different language if we're just gonna link the articles?
Well, if you like you can read §111 Strafgesetzbuch but in German legalese and not in a google translated version please. To see how this law is interpreted, you could read this relevant court decision: https://openjur.de/u/2271522.html
The court opinion is interesting, because the posters were lawful because they wrote "Nazis töten." and not "Nazis töten!" which leads to the posters not being actionable. Do you see the difference? Do you understand the fine line the party "Die Partei" walked here?
Yes, honey. First version is the opinion, second is a call to kill nazis.
Now, do you have anything relevant to this particular situation? I mean ANYTHING applicable HERE? Otherwise I call bullshit - I can call nazis pieces of shit as much as I want without breaking a single German law.
Close but no. As I said, you're not actually qualified to discuss with the adults especially if you can't see how this is relevant here.
Fucking hell 🙄 you are an arrogant idiot.
If you don't know anything about the laws of a different country you should probably just shut the hell up. Even if you apply critical thinking you should get that insulting someone is illegal. Since youre going to ask anyway:
In terms of why the original comment breaks German law and therefore got rightfully deleted see my other comment:
So, the source is your arse?
Yes, sweetie.
You are asking me to search for probably non-existent section of German criminal law forbidding public from calling nazis worthless piece of shit.
At no point in this thread did anyone quote the actual law, including the guy few comments above this one. You keep commenting third time about pasting into Google - well suit yourself and do that.
Furthermore, it is on the person claiming existence of such law to give a source, not on me to disprove it - that is basic logic.
So, since you are so adamant, are you able to give some legal source, with quote, referring to a specific situation here?
You may or may not be right, but jesus christ stop condescendingly calling people sweetie.
I will try for you, honey 😁
Yikes
My German is pretty rusty and I’m currently on call but:
This is in English for you, babe, so have a look through and cross reference it against what the comment claims.
I’m not saying you’re right or wrong, just pointing out how to settle the discussion.
Any other queries, don’t hesitate to hit me up.
The constitution is the base of the criminal law. However: in our law system judges don't say "this violates article on of our constitution so youre guilty" but use the criminal law to specify how people should be punished. So while you are in theory right this devinetively isn't the base of how you should argue that something is illegal.
This is constitution not a criminal law, sweetie 🙄
You don't have a clue, do you?
Grundgesetz
Yes, sweetie. Not the criminal law.
So that means its ok to violate it? Like what is your argument there?
That you cannot be penalised under criminal law? Plus arguing that the OP violated constitution is ridiculous.
Fair, I did not know individuals could not be persecuted based on the GG alone (although there seems to be some nuance on this with "mittelbare Drittwirkung" which implies that the GG should be considered even when a matter is between two private individuals, but I don't think that is too relevant here)
👍
I did. That's the first article of the Grundgesetz (Basic Law) of Germany
Constitution is not a criminal law so no. But someone else already quoted criminal law which at a very stretch may be applicable here.
Yes, but these are probably also an extend/criminal law implementation of this constitutional law. Also you would still break the law, even if you couldn't get punished for it. Something you don't want to host on german servers.
To contextualize my original comment a bit more and explain how these things work over here: you can already get sued for just insulting somebody. I remember a case a few years ago where somebody called a right wing politician a "Hurensohn" (son of a whore) and got his house raided by police. Getting sued (especially by politicians) for insults isn't unlikely in germany. The platform hosting that content can also get in trouble for it. OP apparently talked about a politician, who could try and sue in Germany. Since OP is probably not from there, the server owners will get in trouble instead. All that to say: this form of moderation is legally necessary in Germany. You can dislike this and I agree with you, but it's not something that's going to change. It doesn't mean that the mods are supporting fascism, as so many are seemingly claiming. Feddit.org is a rather left instance (in Germany we'd say "linksgrün versifft") and they are definitely not trying to shield nazis, they just try to follow the local law to prevent getting sued
This is true.
The first article of our constitution is like all of our criminal law packed into one sentence. Most of our criminal law is just specifying how violating the dignity of humans gets punished. So while in theory he was not wrong with that this is against our constitution this is not how a judge would argue.
Wrote it down in another comment in case you might actually care you can read it there:
https://feddit.org/comment/4798706
Yes, I have seen it, thank you.
You could copy and paste that chunk of text in to a thing called a “search engine” and if it exists outside of that comment you’ll find out where.
Just a thought.
Have you actually read it? I am yet to see a legal section saying "pretty sure"