Deals on Mobile Phones: German court prohibits parts of the satirical poems

It came forward when a court in Hamburg came up with its verdict Friday. Böhmermann in addition to the contested poem in his humorprogram Neo Magazin Royale on the German TV-channel ZDF in march last year.

the TELEVISION comedian wanted to test the tolerances when he wrote the poem that, among other things connect Turkey’s president Recep Tayyip Erdogan to the sexual abuse of children and animals.

the Prequel to the poem was that the Turkish authorities had previously responded strongly in a different satireinnslag on German tv, namely a song that made fun of Erdogan.

This song was far milder than the poem, but Böhmermann says that he, with the poem wanted to test out how far the satirical freedom actually can go in Germany.

Diplomatic crisis

the Poem led to a diplomatic crisis between Berlin and Ankara. Turkey demanded first that Böhmermann was punished in accordance with article 103 in German penal code, which prohibits insulting other country’s heads of state.

the German prosecution authorities started an investigation, but henla case 4. October of last year. 25. January this year decided the government to abolish section 103 of the criminal code.

Bestiality for some

Then demanded Turkey that the poem was banned, and in may, Erdogan also partly supported when he went to the civil action against Böhmermann in delstatsdomstolen in Hamburg.

They considered the case after the law of persons and not the criminal code and came to that Böhmermann only get to perform six of the 24 verselinjene in the poem public.

If he repeats the prohibited verselinjene can he risk having to pay 250.000 euro in fines or get six months in jail.

According to this judgment, so therefore he is allowed to repeat the verselinjene where he criticizes Erdogan for suppressing minorities, while allegations of bestiality and pedophilia are seen as overly roughly.

Can be appealed

on Friday, the same court concluded that the temporary ban on the reproduction of part of the satirical poem, remain permanently.

It is possible to appeal the judgment, and both parties have said in advance that they will do this, if they don’t agree with the ruling.

As Böhmermann wish that the whole poem should be allowed and Erdogan want the entire poem to be prohibited, there is reason to believe that none of them are particularly happy with today’s outcome.

the Case has created a heated debate in Germany about the tolerances.

Böhmermann even have in the past summarised it all in this way: “When a joke elicits a statskrise, then it is not vitsens problem, but the state’s problem.”

Facts about Böhmermann/Erdogan case

31. march 2016: Jan Böhmermann read satirediktet about Turkey’s president in his humorprogram Neo Magazin Royale on the tv channel ZDF. According to him, even he will test where the line is between allowed and prohibited satire.
1. april 2016: ZDF remove diktopplesningen from their public archives.
3. april 2016: Chancellor Angela Merkel denotes the poem as “deliberately hurtful” in a telephone conversation with the Turkish prime minister Ahmet Davutoglu.
10. april 2016: It is known that Turkey in a note to the German foreign ministry requires that Böhmermann be prosecuted.
15. april 2016: The German government gives permission to Böhmermann be investigated in accordance with article 103 of the penal code.
16. april 2016: Böhmermann takes a break from fjernsynsjobben.
22. april 2016: Chancellor Angela Merkel says it was wrong of her to say that the poem was “deliberately hurtful”.
3. may 2016: Böhmermann criticizes Merkel in Die Zeit and says that forbundskansleren can’t falter so in the question of freedom of speech. When it comes to Erdogan he calls him a “neurotic despot”.
12. may 2016: Böhmermann is back on the tv screen.
17. may 2016: Delstatsdomstolen in Hamburg decides in a civil action from Erdogan that Böhmermann not allowed to repeat parts of the poem. Böhmermann does not accept the verdict.
2. July 2016: Erdogan wants the whole poem is forbidden and complaints it again for delstatsdomstolen in Hamburg.
4. October 2016: the prosecutor in Mainz reject the case against Böhmermann because they can’t find that it committed a fraudulent conditions.
2. november 2016: Delstatsdomstolen in Hamburg starts the negotiations in sivilsøksmålet from Erdogan.
25. January 2017: the German government removing section 103 of the insult of the other countries ‘ heads of state from the criminal code.
10. February 2017: Delstatsdomstolen maintains the ruling that parts of the Böhmermanns poems is forbidden.