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I was watching a Youtube Video where a man calls on other people to kill a woman who burned the Quran and filmed it.

I know it's not OK if you disrespect somone's religion, but no one has a right to kill you or call for other people to kill you just for burning a book, do they?

I reported the video to YouTube and got the following response:

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Is this really accurate? Does this not constitute an illegal threat under German law?

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  • Without access to the actual video, it's probably impossible to answer with any meaningful precision.
    – tripleee
    Commented Sep 6, 2019 at 8:23
  • you wont undrestand the video becuse its not in english its in other language
    – Navid2132
    Commented Sep 6, 2019 at 8:24
  • this is just one video there are somany video with like that and i think youtube dose not take serious video in other lagnuages specialy 3rd world country
    – Navid2132
    Commented Sep 6, 2019 at 8:26
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    Somebody who is familiar with German law would surely also understand at least the gist of a video with spoken German, if that is the language it is in. But regardless, how would we judge whether or not it's in violation of German law without reviewing it? As it is, this is just your word against YouTube's (and frankly your presentation makes me think yours might not be too trustworthy).
    – tripleee
    Commented Sep 6, 2019 at 8:38
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    @Navid2132 - Warum denkst du wir alle nur Englisch verstehen?
    – ItWasLikeThatWhenIGotHere
    Commented Sep 6, 2019 at 11:35

1 Answer 1

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YT has certain obligations under Germany’s hate speech law Gesetz zur Verbesserung der Rechtsdurchsetzung in sozialen Netzwerken. You can file complaints with a dedicated form.

Per se, you are correct: The German penal code § 111 punishes public incitement to commit offences. However, as a prerequisite to any crime, German penal law must be applicable in the first place. Specifically, it is questionable whether the man (when shooting and/or uploading the video) is/was located in Germany at that time, § 3 StGB. Hence YT’s assessment was OK.

Since January 1, 2021, (cf. 2020 Federal Gazette Ⅰ p. 2600) posting the same kind of video could be a crime via § 5 No. 5a lit. a StGB if

  • the woman was at that time in Germany, or
  • the man is a German citizen or
  • the man usually resides in the FRG.

In your particular case, though, it is irrelevant, because you’re judged by the criminal law that was in effect at that time, § 2 ⑴ StGB.

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