Around 300 criminal cases in Germany are linked to insults directed at Friedrich Merz—a scale that until recently remained hidden from public view. The investigations were launched following complaints filed by the politician himself, which he has been submitting since 2021.
The government long refused to disclose details: neither the exact number of cases nor the list of prosecutor’s offices handling them was made public. In effect, this created an information barrier for journalists and made it impossible to assess the scale and character of the practice.
The situation changed after a ruling by the Higher Administrative Court of Berlin-Brandenburg. The court found the authorities’ refusal unlawful and ordered the information to be disclosed—including the number of cases and the prosecutor’s offices involved—pointing to the press’s right to obtain such data.
According to the available information, a significant share of the investigations concerns statements classified as insults—from comparatively mild formulations such as “idiot” to harsher ones, including accusations of “Nazism”. These cases are being examined under rules that provide enhanced protection for politicians against insults.
In a number of cases, the investigations were accompanied by heavy-handed measures—including searches of suspects’ homes. Some such actions were later ruled unlawful by courts, while certain cases were dropped altogether. That has intensified the debate over how proportionately criminal law is being applied in such situations.
The story of these cases has become a notable example of the tension between protecting public figures and safeguarding freedom of expression. Critics argue that the active use of criminal prosecution on such grounds can chill public debate. Supporters, by contrast, believe that in an environment of rising aggression in political life, the state is obliged to provide additional protection for elected representatives.
The court’s decision to disclose the data will probably make it possible, for the first time, to assess in detail exactly how insult laws are being applied to politicians in Germany.