Unconstitutional publications

Legally protected interests

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

• Dissemination of propaganda material of unconstitutional organisations
  The import into 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 era in order to disseminate such material, is not permitted (Section 86 , 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 (banners, insignia, pieces of uniform...), that is symbols embodied in objects, of unconstitutional organisations within the meaning of Section 86a (1), numbers 1 and 2, and Section 4, StGB, may not be imported into 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, StGB).
• Incitement to hatred
  Segments of the population are being protected from ethnic hatred, in particular national, racial, or religious groups, or groups characterised by its ethnic customs. The incitement to hatred against them, by insulting, maliciously maligning, or defaming them is prohibited and punishable under Section 130, StGB. 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 import 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, StGB. Such publications may not be imported into Germany with the intention of disseminating them, making them publicly accessible or passing them on to minors for example.

It is also prohibited to introduce publications into Germany that incite to aggressive war, denigrate the Federal President, the State or its symbols or constitutional organs, that induce the commission of criminal offences, or disturb the public peace. It is also prohibited to import seditious propaganda against the German Armed Forces (Bundeswehr).

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.