BERLIN - Germany is at a critical juncture for freedom of expression and must prioritise the expansion of safe, inclusive spaces to discuss diverse opinions, a UN expert* said today.
"Antisemitism, Islamophobia, anti-migrant and gendered vitriol have surged, as some political forces rooted in racist, xenophobic and authoritarian ideologies have weaponised freedom of expression in order to marginalise, intimidate and abuse minorities," said Irene Khan, Special Rapporteur on the right to freedom of opinion and expression, in a statement at the end of an official visit to the country.
Khan visited Berlin, Leipzig, Dresden, Cologne, Dusseldorf, and Karlsruhe. It was the first ever official country visit of a UN Special Rapporteur on freedom of opinion and expression to the country.
"Many individuals to whom I spoke - including students from the Jewish community, pro-Palestinian solidarity activists, women leaders in local politics, journalists, academics and artists - told me that hateful attacks, often amplified by social media, are making them afraid to speak online or offline," the expert said.
"While the government has taken these threats seriously, it has relied increasingly on criminalisation and security-oriented approaches to address them. Many of these measures - ranging from heightened protection of officials from public criticism to blanket bans on activists' slogans and surveillance of organisations on vague grounds of 'extremism' - are inconsistent with international human rights standards," she said.
Khan said the approach risks narrowing the space for diverse, meaningful democratic debate, accelerating social polarisation, and increasing the possibility of the public losing trust in those very democratic institutions that the government is seeking to protect.
"To be clear, advocacy of hatred that constitutes incitement to discrimination, hostility, or violence, is and must be prohibited under international law," said Khan. However, she emphasised that offensive speech, that which is 'lawful but awful', should be addressed through education, awareness, debate and discussion, not censorship or criminalisation.
A primary concern in Germany remains the use of anti-terrorism laws to restrict advocacy for Palestinian rights, chilling public participation and shrinking discourse in academia and the arts, the Special Rapporteur said.
The expert found that a security-based approach to freedom of expression has often had the opposite effect and made people feel less secure and uncertain about the limits of protected and prohibited speech. She expressed confidence in Germany's apex courts to bring much needed clarity to vague, ill-defined concepts that hamper freedom of expression.
"Germany has made admirable efforts to learn from historical mistakes. With a robust judiciary and a political system that favours governance by coalition, it is well-placed to enable safe and inclusive dialogue between diverse groups," she said.
"Germany must now harness this potential and tackle modern challenges in a way that prioritises human rights over securitisation," Khan said.
The Special Rapporteur will present a full report on her visit to the Human Rights Council in June 2026.
