Hello,
Is there a German equivalent of the UK's Equality and Human Rights Commission, or any kind of body that has a remit to investigate complaints of racism in advertising? (with any kind of legal/constitutional backup, I'm not talking about campaigning groups/Vereine/antifa) Is there any kind of law against incitement to racial hatred (ie in the mainstream media, not from openly nazi groups), and if so how can a member of the public get enforcement procedures initiated - or is "official" action not possible against anything short of "let's kill the XYZ!"?
ta for any informed info!
Jenny
(sorry if this sounds bitter, am tad narked off this fine morning !)
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Anti-discrimination bodies in Germany
Where to file complaints of racism etc.
wouldn't mind knowing the full story if you have time to write it. just interested, like.
I'd expect there are laws against that. You can get fined for giving someone the finger here or calling them a sandal-wearing-window-closing-mullet-haired-party-pooper so I don't see there being exceptions for calling someone a nogger.
It might come under the general insult or "Beleidigung" laws. See the thread Freedom of Speech in Germany, Is it really limited? and more specifically post number 19.
Yes to all of that, JennyH, but this being Germany, each of the sub-points you have has its own body. What exactly do you want to complain about? I would be extremely suprised if you had encountered racism in advertising, but it can happen, so whats the beef exactly?
andy M
andy M
Is there any kind of law against incitement to racial hatred = Volksverhätzung and thats illegal
Jenny must've just found misterwong.de
German Criminal Code - Section 130 Agitation of the People ... § 130 StPO Volksverhetzung
Man, I hate it when people do not supply more info. Its not like we anything better to do over the day...
Wonder if this is a complaint against ATU, certainly wouldnt be the 1st one!
If you wanna complain regarding telly advertisements you can do this at the Werberat Email: werberat@werberat.de
You can complain but dont expect them to answer you anytime soon if at all.
If you wanna complain regarding telly advertisements you can do this at the Werberat Email: werberat@werberat.de
You can complain but dont expect them to answer you anytime soon if at all.
QUOTE
from their website:
Code of conduct on personal denigration and discrimination (2004)
Images and text in commercial advertising must not violate human dignity or common decency. In particular, advertising – and especially advertising to minors – must not give the impression that specific persons are inferior or can be subjected to arbitrary treatment in the community, the workplace or the family.
Above all, representations and claims must be avoided if they:
- Discriminate any person by virtue of their gender, descent, race, language, place of origin, creed, political opinions, age or appearance.
- Include or condone violence.
- Give the impression that any person is available for sale.
- Conflict with prevailing general basic convictions (for example with excessive nudity)
- Reduce any person to their purely sexual function and/or suggest their continuous sexual availability.
- Are pornographic in nature.
Whether there is a breach of these principles depends in particular on the following criteria:
- The impression perceived by a reasonable average consumer.
- The character of the medium.
- The type of product or service being advertised.
- Currently prevailing views on customs, decency and morals in society.
- Social reality as represented for example in editorial content shown in the media, films or theatre.
Code of conduct on personal denigration and discrimination (2004)
Images and text in commercial advertising must not violate human dignity or common decency. In particular, advertising – and especially advertising to minors – must not give the impression that specific persons are inferior or can be subjected to arbitrary treatment in the community, the workplace or the family.
Above all, representations and claims must be avoided if they:
- Discriminate any person by virtue of their gender, descent, race, language, place of origin, creed, political opinions, age or appearance.
- Include or condone violence.
- Give the impression that any person is available for sale.
- Conflict with prevailing general basic convictions (for example with excessive nudity)
- Reduce any person to their purely sexual function and/or suggest their continuous sexual availability.
- Are pornographic in nature.
Whether there is a breach of these principles depends in particular on the following criteria:
- The impression perceived by a reasonable average consumer.
- The character of the medium.
- The type of product or service being advertised.
- Currently prevailing views on customs, decency and morals in society.
- Social reality as represented for example in editorial content shown in the media, films or theatre.
QUOTE (miwild @ Aug 8 2008, 2:36 pm) 
German Criminal Code - Section 130 Agitation of the People ... § 130 StPO Volksverhetzung
Thank you miwild, but your reference to the "Strafprozessordnung" should probably read Strafgesetzbuch or StGB.
It is not quite complete without mentioning its constitutional basis in the "Grundgesetz" or basic law, the de facto constitution of Germany. In Article three section 3 it says:
"(3) Niemand darf wegen seines Geschlechtes, seiner Abstammung, seiner Rasse, seiner Sprache, seiner Heimat und Herkunft, seines Glaubens, seiner religiösen oder politischen Anschauungen benachteiligt oder bevorzugt werden. Niemand darf wegen seiner Behinderung benachteiligt werden."
That Article has so far been interpreted as meaning anti-discrimination.
However, what Jenny is all getting angry about is probably racial hatred, which is not necessarily covered by Art.130 of the StGB. Nobody can be forced not to hate someone else, and hence my recommendation would be to look at any "Auslaenderbeirat" wherever she lives.
But it would be good to hear from her what exactly happened. Did a white girl get the job that she wanted? Or a black girl? Or a man? Or did she just get a nasty stare from somebody?
ceogreo read again
QUOTE (JennyH)
complaints of racism in advertising?
sorry, overlooked that bit. The "Presserat" would be the 1st port of calling here
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