Unconstitutional publications

Legally protected interests

Essentially state security legislation specifies the following import and export prohibitions:

Dissemination of propaganda material of unconstitutional organisations

The export from Germany of the propaganda of banned parties or organisations, or materials of governments represented by such parties or organisations, or the propaganda of former organisations of the Nazi (NS) era in order to disseminate such material, is not permitted (Section 86 , German Criminal Code (Strafgesetzbuch - StGB)). This does not apply to propaganda material that, for example, serves the purposes of civil education, art, science, or research.

The use of signs or symbols of unconstitutional organisations

Signs or symbols of unconstitutional organisations within the meaning of Section 86a (1), numbers 1, 2 and 4 German Criminal Code (banners, insignia, items of uniform...), that is, symbols embodied in objects, may not be exported out of Germany if they are intended, for example, for dissemination or use in public. Here, too, there are exceptions with regard to objects that are used for the purposes of education, art, science, or research (Section 86a, German Criminal Code).

Incitement to hatred

Segments of the population, in particular national, racial, or religious groups, or groups that are characterised by their ethnic customs are protected from ethnic hatred. The incitement to hatred against them, by insulting, maliciously maligning, or defaming them is prohibited, and is punishable under Section 130, German Criminal Code. This also applies to the approval, the denial, or the downplaying of acts of genocide and crimes against humanity committed under the rule of National Socialism. It applies, furthermore, to the export of the relevant publications for the purposes of distribution, making them publicly accessible, or passing them on to minors, for example.

Depictions of violence

Publications which describe cruel or inhuman (degrading) acts of violence against humans, while glorifying or downplaying them are offences under Section 131, German Criminal Code. Such publications may not be exported out of Germany with the intention of, for example, disseminating them, making them publicly accessible, or passing them on to minors.

Legal consequences

Where inspections reveal that a provision of the Criminal Code has been infringed, the publications shall be seized and passed on to the competent public prosecutor’s office so that criminal proceedings can be initiated.