Germany’s relationship with freedom of expression has long been a problematic one. The Nazi period followed by the GDR impressed the importance of it so deeply into the national conscience that they wrote it into their constitution: “There shall be no censorship.” But of course no state is really without censorship, and the same history has made Germany quick to axe content it thinks touches a political nerve. So it draws a line between freedom of expression and what it calls ‘Schmähkritik,’ which best translates as ‘abusive criticism’. It is this line that German comedian Jan Böhmermann claimed to be illuminating as he read out a poem about Turkish President Recep Erdoğan in which he called the President a viewer of child pornography and accused him of bestiality. The result: Erdoğan is pressing charges against the comedian under paragraph 103 of the German penal code, which pertains to offending foreign heads of state.
Böhmermann’s poem is crass, it’s racist and it’s homophobic. He prefaces it by saying “Now this is what you’re not allowed to do,” so he’s clearly aware of the legal ramifi cations. So why do two-thirds of the German population believe it should be thrown out of court? Simply put, context is key. Böhmermann did not choose Erdoğan at random, previously the Turkish President tried to have another piece of German satire censored, a song that highlighted his oppression of Kurds, Christians, women and journalists. Böhmermann points out with sarcastic naivety that perhaps the Turkish President does not understand the definition of satire, as no such shows are to be found in his country, and gives his poem as an “example” of its limits. It is true, you will not find any satirical programmes poking fun at Erdoğan in Turkey. Any criticism of the President can lead to criminal prosecution, loss of livelihood, or worse. Possibly the pettiest example being the man threatened with time in prison for creating an internet image comparing Erdoğan’s facial expressions to Gollum. Bülent Mumay, a prominent Turkish journalist, was asked whether there was a battle going on in Turkey between the government and journalists. “It’s no battle,” he replied, “it’s a massacre.”
One very distinct memory compels me to defend Böhmermann’s poem against punishment, especially by a megalomaniac like Recep Erdoğan. My father is a comedian, and I remember how we were on holiday when we heard about the attacks on Charlie Hebdo. I recall the floods of emails from artists and performers trying to organise a response. I remember him sitting down to draft a letter for PEN, something along the lines of a declaration of solidarity with comedians everywhere, stating they wouldn’t be intimidated into silence. The large part of me knew this was the right thing to do. The idea that fear might stop my dad from making a joke was grotesque enough to be laughable. At the same time that fear had already rooted itself deep in my brain. I wanted to say please, please don’t put your name on anything, don’t make any jokes about it, just don’t give anyone an excuse to make you a target. Seeing him with a pen was like watching him on a tightrope, but I tucked this part of me away because showing I was afraid would be unfair. Because no matter how shaken I felt, planting the seed of self-censorship in my dad would be a betrayal. The idea that this feeling could be a part of everyday life, the crippling urge to play it safe, to self-censor for fear of the consequences, makes my stomach tighten.
Böhmermann has not been attacked or physically threatened, but he is being intimidated. Erdoğan’s obsession with quashing criticism is spreading beyond Turkey’s borders. His position in the migrant crisis given the EU deal with Turkey (in which Germany played no small part) has given him a taste of leverage in Europe. He must not be allowed to exploit it. It is uncomfortable to defend such a crude example of comedy, but since when has satire been about comfort? Other German artists have come out in solidarity with Böhmermann, stating: “Discussions about and criticism of Jan Böhmermann’s poem belong in the country’s newspapers, not in its courts. Art cannot happen in a climate where artists have to think about whether their creations will lead to criminal charges being brought against them, in which they begin to either censor themselves or be censored. It is the work of art and of satire to always be testing societal boundaries and provoking public discussion.”
They further demand that para. 103 be struck from the German penal code, calling it outdated. Because history has taught us that mocking authority is important; whether it’s a God, a president, or even David Cameron and a dead pig. Because when the jesters start being led to the gallows, that’s when you should be really afraid.
