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160 points cruzcampo | 1 comments | | HN request time: 0.206s | source
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snehk ◴[] No.43651672[source]
> Yet to many Europeans the idea that free expression is under threat seems odd. Europeans can say almost anything they want, both in theory and in practice.

A journalist in Germany was just sentenced to seven months for posting a meme of a politician where she holds up a sign saying "I hate free speech".

https://www.spiegel.de/politik/deutschland/nancy-faeser-afd-...

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croes ◴[] No.43651825[source]
He didn't post a meme, he posted a altered picture which made it look like the politician really said that.

That's called defamation.

Just because he later claimed it's satire doesn't make it satire.

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Ukv ◴[] No.43651963[source]
I believe this is the picture in question (and original): https://www.gbnews.com/media-library/nancy-faeser-photo-befo...

Seven months for that seems insane to me. It looks far more like a meme/satire than an attempt to create a realistic fake, given it's just pure-black impact font and an implausible message ("I hate freedom of speech!") to be holding up on a sign.

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moefh ◴[] No.43652145[source]
> Seven months for that seems insane to me.

It is, but see what the article has to say about that (translated with google translate):

> Among other things, they complain about the inappropriate severity of the justice system against an allegedly satirical statement. What is left unmentioned, however, is that the trial only took place because Bendels previously refused to pay a fine of 210 daily rates imposed by the same district court in November.

I know nothing about this person or this case, but it sounds like he has done this before and refused to pay a fine, so the court said "enough is enough" and sent him to prison.

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Ukv ◴[] No.43652183[source]
True, but 210 daily rates (around $60k for Bendels?) also seems insane for this to me.
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moefh ◴[] No.43652234[source]
It's hard to say without more context. Maybe that was not hist first fine, it just got to that amount after a few "satirical statements" and lower fines.
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Ukv ◴[] No.43652304[source]
I can't find mention of any prior fines, only that "Bendels has no criminal record".

If this was the first fine, would you agree that ~$60k is disproportionate?

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moefh ◴[] No.43652574[source]
I have no idea, and I'd have to know more context before thinking my opinion matters. For example, just off the top of my head: (1) What are the fines for comparable things in other countries (in an out of Europe)? (2) "Bendels has no criminal record" -- does that mean he was never convicted of defamation, or is that a red herring because defamation a civil (not criminal) matter?

I can't help to notice how with just a little bit of context we've come from reacting to "A journalist in Germany was just sentenced to seven months for posting a meme" to deciding if a fine was disproportionate.

With all that, the only sensible answer I can give is that I don't know. It's useless to be outraged by something that might be a non-story.

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Ukv ◴[] No.43652826[source]
> I have no idea, and I'd have to know more context before thinking my opinion matters. For example, just off the top of my head: (1) What are the fines for comparable things in other countries (in an out of Europe)?

Even in Germany, I don't believe a meme like this one would typically incur any fine.

> (2) "Bendels has no criminal record" -- does that mean he was never convicted of defamation, or is that a red herring because defamation a civil (not criminal) matter?

My understanding is that he has now been convicted of criminal defamation (so it should probably be past tense), but had no such prior convictions.

> I can't help to notice how with just a little bit of context we've come from reacting to "A journalist in Germany was just sentenced to seven months for posting a meme" to deciding if a fine was disproportionate.

I don't personally believe there should have been any fine or prison sentence for posting the meme. I ask you whether you think the fine seems disproportionate based on current information because I see that as the smallest and most likely concession for you to make, assuming you can be intellectually honest, not because the fine being disproportionate is the full extent of my stance.

> With all that, the only sensible answer I can give is that I don't know. It's useless to be outraged by something that might be a non-story.

We've got the original post, the court's sentence and reasoning, and most other information you want to know could be researched online. There has to be some point at which we start publicly discussing an issue - that doesn't prohibit us from updating our views if there really is some decisive new evidence.

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1. ◴[] No.43652887[source]