German Court Insults Free Speech, Bans Comedian From Mocking Turkish President

from the oh-come-on dept

Wed, May 18th 2016 10:45am — Mike Masnick

The weird saga of the insanely thin-skinned Turkish President Recep Tayyip Erdogan continues. As you'll recall, he's on a legal crusade against a German comedian who recited a purposely ridiculous insulting poem about Erdogan on TV (as a response to the stories about Erdogan's thin skin). Erdogan's lawyers found a little used (and little known) "lese majeste" law on the German legal books that makes it a crime to insult representatives of foreign nations. The comedian, Jan Bohmermann, admits that the poem in question was over the top, but that was the point. When you hear about a foreign leader spending so much effort on trying to sue anyone who insulted him, no matter how slight, it's actually pretty tempting to add to the pile of insults.

For ridiculous geopolitical reasons, German Chancellor Angela Merkel has allowed the case to move forward, and now a Hamburg court has told Bohmermann that he has to stop repeating at least some of the poem so as not to offend the sensitive ears of Erdogan:

In Tuesday's ruling the court found that "Erdogan does not have to put up with the expression of certain passages in view of their outrageous content attacking (his) honour."

Why not? While it may sound flip, it's a serious question. He's the leader of a country of almost 80 million people. Shouldn't we be at least a little concerned that he apparently turns into a cowering puddle of emotions the second people make fun of him? Most people put up with other people insulting them just fine, and we aren't leaders of a major nation state. Why is a German court so willing to toss out any basic free speech rights around satire just to please a foreign leader who can't take a joke?

The court didn't ban the entire poem, but even just picking what can and can't be said seems like a ridiculous thing for a court to be involved with at all:

The court ruled that only six lines of the 24-line poem by German comedian Jan Boehmermann could be recited, offering the Turkish leader a partial legal victory.

What a shameful ruling for Germany.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: free speech, germany, insults, jan bohmermann, poem, recep tayyip erdogan

44 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Jeremy Lyman (profile), 18 May 2016 @ 10:45am

I kinda hope he asks the court to identify the passages to which it objects so they have to respond by entering them into the record.
[ link to this | view in thread ]
Bergman (profile), 18 May 2016 @ 10:55am

Well in honor of the differences between the US and Germany...
Sod-dumb, cowardly and hesitant/ Is Erdogan the President/ His boner smells like Döner/ Even a pig's fart smells finer/ He's the man who punches girls/ while wearing a bloody rubber mask/ Things he loves the most/ is shagging goats/ and oppressing minorities This kind of criticism would be illegal! Kicking Kurds, beating up Christians/ while watching child porn/ And in the evening instead of a nap/ Fellatio with a hundred sheep/ Erdogan is all things considered/ a President with a tiny wang/ I repeat this is an example of what would be illegal!
[ link to this | view in thread ]
Anonymous Coward, 18 May 2016 @ 10:56am

"The court ruled that only six lines of the 24-line poem by German comedian Jan Boehmermann could be recited, offering the Turkish leader a partial legal victory."

So, he's still allowed to insult him, but only a little?
This is both an affront to free speech AND not much of a victory for Erdogen.

With this 3/4 of a silencing, does Erdogen now consider his diginity 3/4 restored? Is he only 1/4 of a thin-skinned prick now?
[ link to this | view in thread ]
Anonymous Coward, 18 May 2016 @ 11:02am

Sunshine
Can we just POST the damn thing and be done with it? Maybe fund a kickstarter to buy airtime on Turkish TV where we can broadcast the text?
[ link to this | view in thread ]
lars626 (profile), 18 May 2016 @ 11:03am

But it is the LAW!
The real problem is not the court.
The real problem is the existence of that law.
The judge is constrained to follow the law, no matter how stupid it is.

The solution is to change the law.
[ link to this | view in thread ]
Anonymous Coward, 18 May 2016 @ 11:04am

You'd think that the Germans of all people would have an appreciation for the fact that some world leaders REALLY need to be taken down a peg or six million...
[ link to this | view in thread ]
DB (profile), 18 May 2016 @ 11:15am

The situation is a little more complex.

The chancellor has to agree to the prosecution. Which almost never happens. But right now Germany really needs Turkish help with the refugee crisis.

This is basically the court (and the government) saying "yes, we have to prosecute you because of politics. Here is the lightest possible wrist slap, and some free publicity for your trouble."
[ link to this | view in thread ]
Anonymous Coward, 18 May 2016 @ 11:25am

Re:
Because thats a good way to establish your legal system.. Sacrificing your principles on the alter of placating a dictator.
[ link to this | view in thread ]
Anonymous, 18 May 2016 @ 11:30am

Is this the poem?
If so, it might describe Erdogan!

Sod-dumb, cowardly and hesitant/ Is Erdogan the President/ His boner smells like Döner/ Even a pig's fart smells finer/ He's the man who punches girls/ while wearing a bloody rubber mask/ Things he loves the most/ is shagging goats/ and oppressing minorities This kind of criticism would be illegal! Kicking Kurds, beating up Christians/ while watching child porn/ And in the evening instead of a nap/ Fellatio with a hundred sheep/ Erdogan is all things considered/ a President with a tiny wang/ I repeat this is an example of what would be illegal!
[ link to this | view in thread ]
Anonymous Coward, 18 May 2016 @ 11:48am

Errr...
Isn't this the guy running oil for ISIS?
[ link to this | view in thread ]
Michael Chermside (profile), 18 May 2016 @ 11:54am

The actual poem
I am disappointed that no one (yet) provided a link to the text (or video) of the actual poem in question. Dear internet: can you come through for me?
[ link to this | view in thread ]
Avatar28 (profile), 18 May 2016 @ 11:57am

Re: The actual poem
A couple of people have said this is (or may be) it:

Sod-dumb, cowardly and hesitant/ Is Erdogan the President/ His boner smells like Döner/ Even a pig's fart smells finer/ He's the man who punches girls/ while wearing a bloody rubber mask/ Things he loves the most/ is shagging goats/ and oppressing minorities This kind of criticism would be illegal! Kicking Kurds, beating up Christians/ while watching child porn/ And in the evening instead of a nap/ Fellatio with a hundred sheep/ Erdogan is all things considered/ a President with a tiny wang/ I repeat this is an example of what would be illegal!
[ link to this | view in thread ]
Dave Cortright (profile), 18 May 2016 @ 12:07pm

Inanity like this just makes me want to hack the system
And by hack, I mean try out a bunch of different techniques to see what is allowed and what isn't. First up, the asserting negative statements about topics that still ultimately brings up the topic and associates it with the person in question. For example:

Tayyip Erdogan is most definitely not a weak-minded, emotional tyrant who cannot effectively manage his own, pathetic life let alone an entire nation. And he isn't one of those twisted sexual deviants who gets off on suck sweaty goat balls.

Or how about the "don't shoot the messenger" technique?

I overheard other people saying Tayyip Erdogan is a immature, cantankerous, poopy face who has no tolerance for criticism. I don't necessarily agree with them, but to each his own I suppose

censorship is damage to the system. route around it.
[ link to this | view in thread ]
Oblate (profile), 18 May 2016 @ 12:20pm

Well, if THAT peom is banned...
Time for a new poem! I'm sure it won't be difficult, with such an inspiring subject.

And if the court bans this new poem (partially or otherwise), there's always songs, skits, plays, various types of spoken word performances, etc...
[ link to this | view in thread ]
That One Guy (profile), 18 May 2016 @ 12:26pm

Objection!
In Tuesday's ruling the court found that "Erdogan does not have to put up with the expression of certain passages in view of their outrageous content attacking (his) honour."

You can't harm something that doesn't exist, and as such it's impossible for any poem, words or action to attack or harm Erdogan's 'honor'.
[ link to this | view in thread ]
That One Guy (profile), 18 May 2016 @ 12:28pm

Re: Well, if THAT peom is banned...
With the ultimate punchline for them all being that no joke, insult or 'slander' could possibly be more damaging to his image and reputation than his own actions.
[ link to this | view in thread ]
Arthur Moore (profile), 18 May 2016 @ 12:50pm

Re: But it is the LAW!
Germany doesn't have the 1st Amendment, but they are part of the EU, which has some free speech protections.

It is the primary duty of every US judge to determine if a law is in compliance with the constitution. This was deliberately set up as a check and balance to prevent a simple majority from becoming tyrannical.

From things like this it certainly looks like German judges don't have that ability.
[ link to this | view in thread ]
Jeff Green (profile), 18 May 2016 @ 12:50pm

It isn't always quite that simple ...
Personally I'm all in favour of free speech, BUT, it isn't always that simple. I haven't read the judgement in detail (my German's not that good) but have seen a few summaries. What the court appears to have said is that makind fun of Erdogan being an egomaniac suppressor of criticism and the free press, but it isn't OK to make totally unsubstantiated allegations of extreme sexual deviancy.
This is not a judgement I would make but I can see it as not totally unreasonable. As Americans you idolise free speech. That is your right but many others around the World think of Americans as totally weird and stupidly childish for parts of your law and constitution. The glory of this World is that we are all different and there is no right answer, merely millions of differently wrong ones.
[ link to this | view in thread ]
Anonymous Coward, 18 May 2016 @ 1:17pm

Re:
Ir is kind of ridiculous to ban part of a work. Also, by only providing a snippet the court is using the same trick as media producers have used to sell products for years: Provide a taste to present something and people will be curious about the whole.

As for Erdogan it is all kinds of a pyrrhic win when it comes to the publication of the poem. I hope the judge is laughing at the irony of the judgement too!
[ link to this | view in thread ]
Anonymous Coward, 18 May 2016 @ 1:22pm

Re: Sunshine
The responsible on Turkish TV would end 10+ years in prison for airing it... Outside of Turkey we can happily laugh at the ridiculous sensitivity of Erdowo, but inside the country he has basically suspended freedom of expression.
[ link to this | view in thread ]
Regret, 18 May 2016 @ 1:27pm

Limerick contest!
I think that this situation absolutely requires a really futile and stupid gesture be done on somebody's part... why not a limerick contest? There once was a prick named Erdogan....
[ link to this | view in thread ]
You know who else didn't like being insulted?, 18 May 2016 @ 2:56pm

Hitler, that's who!
[ link to this | view in thread ]
djl47 (profile), 18 May 2016 @ 4:07pm

Re: Limerick contest!
Limericks are good. So is Haiku.
[ link to this | view in thread ]
Anonymous Coward, 18 May 2016 @ 6:01pm

Re:
The court will have to release a text explaining the ruling and show why and what is against the law. Could take a week or two.
[ link to this | view in thread ]
Jeffrey Nonken (profile), 18 May 2016 @ 7:16pm

See, here's my problem...
I don't like promoting negative stereotypes, I really don't.

And yet, this story is BEGGING for me to make a remark about Germans having no sense of humor.

*sigh*
[ link to this | view in thread ]
techflaws (profile), 18 May 2016 @ 10:18pm

Re: Re:
Hey, it's Merkel, what did you expect?
[ link to this | view in thread ]
techflaws (profile), 18 May 2016 @ 10:20pm

What a shameful ruling for Germany.

Well, this was ruled by the Hamburg court who's built a reputation for truly outlandish and outright nutty rulings over the years. So this was to be expected.
[ link to this | view in thread ]
Anonymous Coward, 18 May 2016 @ 11:15pm

Re:
He will probably try and have the court charged with failing to uphold his dignity.
[ link to this | view in thread ]
Moo, 19 May 2016 @ 2:05am

Competition
The competition already exists to make fun of poor Tayyip...

http://www.spectator.co.uk/2016/04/send-us-your-entries-for-our-president-erdogan-insulting -poetry-competition/
[ link to this | view in thread ]
Anonymous Coward, 19 May 2016 @ 2:17am

Re: Re: Re:
The usual: doing nothing and in the last second choose the worst possible outcome for your country.

Ok, I see your point...
[ link to this | view in thread ]
techflaws (profile), 19 May 2016 @ 2:19am

Re: Sunshine
Funny, I know but the German court has it up as an Anhang (attachment) on their page on this topic.
[ link to this | view in thread ]
Anonymous Coward, 19 May 2016 @ 2:23am

Re: The actual poem
Dear M. Chermside, there you go. Signed, internet:
Jan Böhmermann - Schmähgedicht / Schmähkritik - Original - HD
http://www.dailymotion.com/video/x452lof

German original. The actual satire starts at about 2:40 with "that is something you can't do in Germany". If it gets deleted search for the name without the "-", "/" and "HD".
[ link to this | view in thread ]
Anonymous Coward, 19 May 2016 @ 2:26am

Re: Re: The actual poem
With English subs:

http://www.dailymotion.com/video/x4552je
[ link to this | view in thread ]
Anonymous Coward, 19 May 2016 @ 4:06am

So presumably six lines in the poem were considered factually accurate - I'd like to know which lines they were.
[ link to this | view in thread ]
Anonymous Coward, 19 May 2016 @ 5:02am

Re:
Already done:

http://justiz.hamburg.de/contentblob/6103298/6b1b7ae264e23809630af9d7716ef2fd/data/schmaehgedic ht-jan-boehmermann-pdfanhang.pdf

The legal parts (well, legal according to the Hamburg court, which is kinda notorius):
- "dumb as a bag" ("Sod-dumb" seems to be what most translators agreed on)
- craven
- prude
- beating girls while wearing rubber masks
- Repressing minorities
- kicking Kurds
- hitting Christians

Illegal among others is the line "that is Recep Erdogan, the Turkish president". Which I agree is extremely insulting to the poor people of Turkey.
[ link to this | view in thread ]
Ed (profile), 19 May 2016 @ 6:31am

Re: It isn't always quite that simple ...
You've spouted the biggest load of bullshit I've read in weeks. And that's after reading transcripts of Trump speeches. If you cannot understand the concept of "free speech", please sod off, or go join Erdogan with the sheep.
[ link to this | view in thread ]
Anonymous Coward, 19 May 2016 @ 7:26am

Re: It isn't always quite that simple ...
That is your right but many others around the World think of Americans as totally weird and stupidly childish for parts of your law and constitution

This is exactly why we formed our own country all those years ago. And then dominated long established countries.
[ link to this | view in thread ]
me@me.net, 19 May 2016 @ 7:45am

screw the German Court
and screw the stench blossom running Turkey.
[ link to this | view in thread ]
Anonymous Coward, 19 May 2016 @ 9:00am

For purists, here's the original original bit from the "Neo Magazin Royal" TV show (sorry, no english subs). Anyone born before the 1990's should recognize the soundtrack...

https://www.youtube.com/watch?v=4oWXp5xj0PA
[ link to this | view in thread ]
Andreas (profile), 19 May 2016 @ 9:23am

It is not a shameful ruling for Germany. It is a shameful law for Germany. The judge has to judge based on the laws that exist, and this law is totally outdated. Germany takes pride and having a very good balance of powers and it is good that no one is above the law.

But yeah, German law has so many paragraphs, some dating back 120 years afaik. So the legislation needs to speed up in updating from 19th -> 21st century.
[ link to this | view in thread ]
Anonymous Coward, 20 May 2016 @ 1:00am

Re:
"Complex" means, let me worm out of this somehow.
[ link to this | view in thread ]
Anonymous Coward, 20 May 2016 @ 1:12am

Re: It isn't always quite that simple ...
The glory of this World is that we are all different and there is no right answer, merely millions of differently wrong ones.

And that's why we have free speech, moron.
[ link to this | view in thread ]
Anonymous Coward, 20 May 2016 @ 1:20am

Re: See, here's my problem...
Some Germans, yes. But watch the video:

http://www.dailymotion.com/video/x4552je

For every German without a sense of humor, there's another one making jokes at his expense. Cruel, but necessary.
[ link to this | view in thread ]
Anonymous Coward, 20 May 2016 @ 2:01pm

since he cant say anything i will.
#### Tayyip Erdogan #### the german court system and #### angela merkel.
[ link to this | view in thread ]