German court keeps partial ban of Böhmermann's Erdogan poem
May 15, 2018
The Hamburg court ruling has said that parts of German satirist Jan Böhmermann's poem are an "attack" on Turkish President Erdogan.
Image: picture-alliance/dpa/R. Vennenbernd
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A court in Hamburg ruled Tuesday that selected passages from German satirist Jan Böhmermann's poem lampooning Turkish President Recep Tayyip Erdogan would remain barred from re-publication.
The continuation of the partial ban was a defeat for both Erdogan, who had demanded the entire poem be censored, and for Böhmermann, who had called for the partial banned to be lifted.
Böhmermann had broadcast the poem on his late-night television show in March 2016. Much of the text criticized the Turkish president for his authoritarian political positions, but some sections also contained expletives and graphic sexual references, such as bestiality and child pornography.
Erdogan had accused Böhmermann of defamation while the satirist had defended the statements in his 2016 poem as permissible under artistic freedom.
Erdogan's (L) lawyers want to see the judgment text, but Böhmermann's (R) have already said they will appealImage: picture-alliance/Presidential Press Office/dpa/Spata
An 'attack' on Erdogan's dignity
The higher court said that the politically critical sections of the poem could freely circulate because they pertained to Erdogan's factual behavior. However, the graphic and explicit sections would continue to be banned because they lacked a factual point of reference and were a libelous "attack" on Erdogan's "personal dignity."
Judge Andreas Buske also expressed doubt that Böhmermann's poem fell under the constitutional classification of art and was therefore subject to corresponding protections.
"Satire can be art, but it does not have to be," Buske said in the judgement. "If satire is not art, then it falls under the protection afforded by freedom of speech."
The ruling is not yet final. Both parties can appeal the ruling to the Federal Court of Justice in Karlsruhe, Germany's highest criminal court.
The poem's publication in 2016 fed tense diplomatic relations between Germany and Turkey at the time.
Erdogan had previously tried and failed to sue Böhmermann in a separate legal action that made use of an obscure German law prohibiting foreign heads of state from being insulted. The law was revoked in June 2016.
Erdogan vs. Böhmermman: 10 world politicians targeted by satire
German satirist Jan Böhmermann has sparked debates on freedom of speech in Germany with his snide video on Turkish President Erdogan. Here are other politicians around the world who've inspired parody - including Merkel.
Image: ZDF Neo Magazin Royale
Angela Merkel
As bailouts for the Greek debt crisis were negotiated, Angela Merkel was often depicted in Greek magazines wearing Nazi symbols. This cover from the satirical magazine "Mystiki Ellada," from 2012, does not explicitly do so, but does portray the chancellor wearing a World War II army uniform and a vulture on her shoulder. The German government never considered any legal claims for such depictions.
Image: picture-alliance/Rolf Haid
Donald Trump
The controversial potential Republican US presidential candidate Donald Trump is often the target of cartoons and satire. The real estate mogul is not exactly open to criticism. Last Sunday (10.04.2016), "The Boston Globe" published a parody front page showing the world under his presidency. Trump shot back calling the story "stupid" and "worthless."
Image: picture-alliance/AP Photo/The Boston Globe
Vladimir Putin
Russian President Vladimir Putin likes to show off his muscles on holiday photos. After he let the world see a picture of himself riding a horse bare-chested, Putin's presidential torso was also emphasized in satirical representations - such as here, during a Carnival parade in Dusseldorf in 2015.
Image: picture-alliance/dpa/R. Weihrauch
Kim Jong-un
The communist ruler of North Korea really doesn't appreciate being at the center of a joke. Upon the planned release of the satirical movie "The Interview," depicting a fictional interview with the North Korean leader and CIA plans to assassinate him, hackers attacked Sony Pictures studios. The FBI determined that the North Korean government was behind the cyber attacks.
There's a long tradition of poking fun at top politicians: This British cartoon from 1915 portrays Winston Churchill, then Secretary of the Navy, as a decadent Achilles during the Trojan War. The drawing criticized the failures of his leadership during the Battle of Gallipoli in the Dardanelles.
Image: picture-alliance/akg-images
George W. Bush
The 43rd president of the United States was one of the most reliable suppliers of jokes for late-night comedians in the US. Cartoons often underlined his alleged lack of intelligence. Satirists recently jumped on the opportunity to ridicule him once again when he revealed he had turned to painting.
Image: Getty Images/M. Tama
Jaroslaw Kaczynski
A float at this year's Carnival parade in Dusseldorf sparked diplomatic tensions between Poland and Germany. It depicted Poland as a battered woman trampled by the boot of the leader of the right-wing Law and Justice Party, Jaroslaw Kaczynski. The Polish Foreign Minister said that it showed "contempt for the Polish people and Polish politicians."
Image: picture-alliance/dpa/F. Gambarini
Benjamin Netanyahu
The Israeli prime minister with the unmistakable deep voice is regularly lampooned by the comedians of the TV show "Eretz Nehederet" ("A Wonderful Country"). The weekly satirical television show is one of the most popular in Israel. Netanyahu was never publically offended by the parodies. On the contrary, "Bibi," as he's nicknamed, was even a guest star of the show in 2013.
Image: Getty Images/AFP/J. Guez
Ayatollah Khomeini
Just like Jan Böhmermann, the Dutch-born entertainer Rudi Carrell, who lived in Germany, created a diplomatic controversy in 1987 with a photo montage showing the leader of Iranian Revolution, Ayatollah Khomeini, being pelted with lingerie during a state visit. As a result, two German diplomats were expelled from Tehran.
Image: picture-alliance/dpa/I. Wagner
Erdogan and Böhmermann
It is still to be seen if Jan Böhmermann's provocative poem on Erdogan will lead to a similar diplomatic crisis as back in 1987 with Iran. One thing is for sure, it is not the first time that political satire has led to tensions between countries - and the ways of dealing with it are just as varied as the ruler's political style.
