#8
Post
by Adam Carr » 27 Aug 2009, 11:09
There seems to be a misapprehension here about German law. No songs are forbidden by name. There is a law which makes illegal the public display of all manifestations of Nazi propaganda. Whether the performance of a particular song violates this law is a matter for a court to determine. Obviously performing the Horst Wessel Lied or Deutschland Erwache would be a violation. But most prosecutions these days are for songs which have been newly written by neo-Nazi bands.
Here are the relevant sections of the German Criminal Code:
Section 86
Dissemination of propaganda material of unconstitutional organisations
(1) Whosoever within Germany disseminates or produces, stocks, imports or exports or makes publicly accessible through data storage media for dissemination within Germany or abroad, propaganda material
1.of a political party which has been declared unconstitutional by the Federal Constitutional Court or a political party or organisation which has been held by final decision to be a surrogate organisation of such a party;
2.of an organisation which has been banned by final decision because it is directed against the constitutional order or against the idea of the comity of nations or which has been held by final decision to be a surrogate organisation of such a banned organisation;
3.of a government, organisation or institution outside the Federal Republic of Germany active in pursuing the objectives of one of the parties or organisations indicated in Nos 1 and 2 above; or
4.propaganda materials the contents of which are intended to further the aims of a former National Socialist organisation,
shall be liable to imprisonment of not more than three years or a fine.
(2) Propaganda materials within the meaning of subsection (1) above shall only be written materials (section 11 (3)) the content of which is directed against the free, democratic constitutional order or the idea of the comity of nations.
(3) Subsection (1) above shall not apply if the propaganda materials or the act is meant to serve civil education, to avert unconstitutional movements, to promote art or science, research or teaching, the reporting about current or historical events or similar purposes.
(4) If the guilt is of a minor nature, the court may order a discharge under this provision.
table of contents
Section 86a
Using symbols of unconstitutional organisations
(1) Whosoever
1.domestically distributes or publicly uses, in a meeting or in writtenmaterials (section 11 (3)) disseminated by him, symbols of one of the parties or organisations indicated in section 86 (1) Nos 1, 2 and 4; or
2.produces, stocks, imports or exports objects which depict or contain such symbols for distribution or use in Germany or abroad in a manner indicated in No 1,
shall be liable to imprisonment of not more than three years or a fine.
(2) Symbols within the meaning of subsection (1) above shall be in particular flags, insignia, uniforms and their parts, slogans and forms of greeting. Symbols which are so similar as to be mistaken for those named in the 1st sentence shall be equivalent to them.
(3) Section 86 (3) and (4) shall apply mutatis mutandis.
