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Victory for Freedom of Expression: Acquittal for David Bendels

ESN Group Press Office · 2 min read
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In April, journalist David Bendels, editor-in-chief of the Deutschland-Kurier, was sentenced at first instance to seven months’ imprisonment suspended on probation. The proceedings were triggered by a satirical meme referring to Nancy Faeser, which the court classified as criminal defamation under Section 188 of the German Criminal Code (StGB).

Today, the Bamberg Regional Court acquitted him at second instance.

ESN Group MEP Mary Khan commented:

“This case was, from the very beginning, far more than a legal dispute over a single meme. It was a political signal case that mercilessly exposed how fragile freedom of expression and freedom of the press have become when criticism of the government is increasingly answered with criminal law. A satirical contribution—long at the very heart of democratic debate—was criminalised. Section 188 StGB is thus increasingly turning into an instrument of intimidation against inconvenient voices and critical journalism. That this scandalous ruling has now been overturned is an overdue step.”

Freedom-oriented EU MP Petra Steger also explicitly welcomed the acquittal:

“Today’s acquittal is a victory of reason over political hypersensitivity. When journalists are dragged before the courts for pointed, satirical criticism of members of government, then democracy is not being protected—it is being harmed. A free society must be able to endure criticism, exaggeration, and even provocation, especially when it is directed at those in power.”

Steger also warned of a dangerous trend in how government-critical media are being treated:

“Particularly alarming is that such proceedings almost exclusively affect critical journalists who do not toe the line. Criminal law must never be misused to shield political authority from mockery, criticism, or public scrutiny. Those who criminalise satire pave the way for censorship.”

In closing, Mary Khan emphasised:

“Today’s judgment is not only a personal success for David Bendels, but also an important signal to all journalists and citizens in Europe. Freedom of expression is not a privilege granted by the state, but an inalienable fundamental right. If free speech dies, then freedom, democracy, and the rule of law die with it.”