The Nature of "Free" Expression in Germany

The Nature of "Free" Expression in Germany

The German police have launched an investigation into a pensioner who referred to Chancellor Friedrich Merz as "Pinocchio" on an online platform.

English POLITIKA 2026. FEBRUÁR 26. 10:25

The police in Heilbronn, located in southwest Germany, initiated the inquiry after the man made the comment in a Facebook post, labeling Merz with the name „Pinocchio.”

According to a report by the local newspaper, Heilbronner Stimme, the man saw a post on the local police’s Facebook page in October 2025, informing visitors that both Merz and Winfried Kretschmann, the Minister-President of Baden-Württemberg, would be attending an event in Heilbronn.

In response to the post, the man commented: „Pinocchio is coming to HN [Heilbronn],” followed by a long-nosed emoji.

Subsequently, at the end of January, he received a letter from the criminal police informing him that an investigation had been opened against him under Article 188 of the German Penal Code.

This notorious provision, introduced in April 2021, criminalizes the defamation and slander of politicians „if the crime significantly impedes their ability to perform public duties.” Violating this law can result in a prison sentence of up to five years.

The provision gained notoriety after another pensioner had their home searched by police for allegedly insulting former Green Party Vice-Chancellor Robert Habeck by sharing a meme that compared him to an idiot.

A spokesperson for the Heilbronn police told Brussels Signal: „We can confirm the events. The comment has been forwarded to the relevant prosecutor’s office in Heilbronn for investigation. The case is now within the jurisdiction of the prosecutor.”

According to Heilbronner Stimme, the police’s social media team discovered the comment during routine checks of the office’s social media channels, which led to the initiation of proceedings: „If we come across a crime during our social media monitoring, we will file charges or refer the case to the prosecutor for investigation,” they stated.

In his response to the police, the pensioner argued that his comment was „an ambiguous, symbolic, and satirical expression of opinion in a political context” and thus falls under the constitutional right to freedom of expression.

German legal experts agree that the term „Pinocchio” does not constitute an insult. Indeed, the wooden puppet, whose nose grows when he lies, frequently appears in German political debates.

This is not the first time Merz has been referred to as „Pinocchio.” In March 2025, Stephan Brandner, a representative from the right-wing Alternative for Germany (AfD) party, called the conservative politician „Pinocchio-Fritze” after Merz decided to lift the German debt ceiling, which he had previously promised to defend.

In July 2025, Franziska Brantner, leader of the Green Party, accused Merz of becoming „Pinocchio Chancellor” for not raising household electricity taxes as previously demanded.

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