Bild: New German Law against Lies. A modern ‘Schriftleiter-Gesetz’ from old Nazi-Germany?

The new Coalition in Berlin is discussing a new law: a Law against Lies.

The intentional distribution of false facts shall not be protected by the Freedom of Speech and therefore, can be punishable if the manipulation of facts or fake news provide for hatred and agitation.

This new law will pressure, in particular, social media where every person expresses himself in a relatively uncontrolled environment.

But what is a lie? This can only be judged by a judge who knows the truth. It is the eternal question about knowledge and truth: „ipse se nihil scire id unum sciat“ or “I know that I know nothing”. Even a judge cannot be certain to know the truth. A judge may decide beyond reasonable doubt but cannot claim to know the truth or a lie.

In political disputes, in particular, about ideologies, facts of science and nature, opinions and statements can have massive variations and noone can win the dispute about truth unless with the power of the government deciding what’s true or not.

Governments have a history of fear of disputes about their rightfulness and a history of prosecution of lies. Be it religious heretics who have been executed by the Church or journalists in the 3rd Reich who were sentenced according to the Reichs-Schriftleiter-Gesetz (“Editors Law”) for non-conform and non-loyalist statements in the media. This NAZI law was punishing lies as defined by the NAZIs. This law was designed to support facts and decisions promoted by the NAZI government, instead of discussing their veracity and value.

According to this NAZI Editors Law, Propaganda Ministry officials expected editors and journalists, who had to register with the Reich Press Chamber to work, to follow mandates and specific instructions handed down by the ministry. In paragraph 14 of the law, the regime required editors to omit from publication anything “calculated to weaken the strength of the Reich abroad or at home.”

Bild writes that the new German law will target specific comments and declarations in the social media, but also at public events, demonstrations etc. It will give the government a powerful tool to act against non-conformist statements which are capable to incite hatred or wide spread radical opposition. Bild considers it difficult to establish the causality of a false or disputed  fact and hate and agitation.

Bild writes further that the new law is also a German return against US Vice-President JD Vance who criticized the lack of Freedom of Speech in Europe as this new law will certainly enrage Vance.

Bild concludes that the new law will be mainly a pressure instrument. A final condemnation in a court may only be obtained with difficulty but the risk of prosecution under the new law and the public shame will be enough to kill public unwanted statements.