The Limits of the Joke

German Humour: Does Germany Have a Sense of Humour?

Course 1 · Chapter 9 · The Limits of the Joke

Every comic culture has subjects it handles with care, and in Germany the question "what may a joke say?" has a particular history. The Nazi past, religion, minorities and foreign leaders have each produced arguments, court cases and, now and then, real anger. This chapter reports those debates and the law as they stand, without taking a side. It does not reproduce offensive jokes; it describes what kind of joke caused the argument and why. Details are from general knowledge and flagged "check", and nothing here is legal advice.

Laughing at the Nazi Past

Comedy from outside

The earliest famous jokes at Hitler's expense came from abroad: Charlie Chaplin's The Great Dictator (1940), Ernst Lubitsch's To Be or Not to Be (1942) and Mel Brooks's The Producers (1967), with its stage musical number about a Hitler musical (check). Their defenders argued that ridicule robs a dictator of dignity.

Germans join in

German-language comedy came to the subject later and more hesitantly. Films such as Dani Levy's Mein Führer (2007), a satire by a Swiss-born Jewish director, were discussed at length for and against (check). The question each time was whether the target was the regime or its victims.

A bestseller

Timur Vermes's novel Er ist wieder da ("He's Back", 2012) imagines Hitler waking in present-day Berlin and being taken for a satirist, and a film followed in 2015 (check). Some readers found it a sharp study of how audiences accept a charismatic speaker; others thought it risked making him likeable. Both views have been argued in print.

The usual test Most discussions turn on one distinction: a joke whose target is the perpetrators, their ideology or the people who went along with it is generally treated as legitimate satire, while a joke that mocks the victims is not. Critics still disagree about borderline cases, and about whether the audience will take the joke as intended. The same debate runs in Britain over comedy about the Second World War, from 'Allo 'Allo! to Dad's Army (check).

The Law: What Is Actually Forbidden

Provision (check each)What it covers
Incitement to hatred (Volksverhetzung, section 130 of the Criminal Code)Attacks on the dignity of groups, and denying or playing down the Nazi genocide. Context and intent matter, and satire is not automatically exempt (check).
Banned symbols (section 86a)Displaying symbols of unconstitutional organisations, with exceptions for art, education and similar purposes (check).
Insult (Beleidigung, section 185)Insulting a person is a criminal offence, subject to the freedom of expression in the Basic Law (Article 5) and the exception for art (check).
Insulting a religion (section 166)Insulting a faith in a way that could disturb public peace; rarely used in practice (check).

Freedom of expression and of art is protected by Article 5 of the Basic Law, and the courts weigh it against personal honour and public order case by case. The result is a legal frame wider than many visitors expect in some respects and narrower in others, especially around the Nazi period.

The Böhmermann Affair, 2016

What happened (check the details) In March 2016 the satirist Jan Böhmermann (see Chapter 8) read a poem about the Turkish president Recep Tayyip Erdoğan on a ZDF programme. The poem was introduced as a deliberately over-the-top illustration of the difference between permitted satire and forbidden abuse, and the text itself was crude. The Turkish government asked for a prosecution under section 103 of the Criminal Code, which made it an offence to insult a foreign head of state. The German government allowed the investigation to go ahead, while saying it intended to abolish the section. Prosecutors dropped the case in the autumn of 2016, and section 103 was repealed with effect from 2018 (check all dates). Civil proceedings about the text continued separately (check).

Arguments for the satirist

Supporters said the poem was framed as a lesson, that satire must be free to exaggerate, and that a law protecting foreign rulers from insult sat badly with a free press.

Arguments against

Critics said the content went beyond satire into plain abuse, with elements that drew on ethnic and sexual stereotypes, and that the framing did not change the effect. Some also questioned the political handling by the government.

Why it matters here

The affair is a clear case of the German argument at its most legal: a comedy item became a diplomatic question, and the law itself was changed as a result.

Religion and Blasphemy

  • Cabaret has long mocked the churches, in the Catholic south and Protestant north alike, and the tradition goes back to the satirists of Chapter 3.
  • Islam is treated differently in practice. After the Danish cartoons dispute of 2005 to 2006 and the attack on the French magazine Charlie Hebdo in 2015, German media and comedians argued over whether jokes about Islam should be handled like jokes about any other religion, or with extra caution because Muslims in Germany are a minority and often face prejudice (check). Both positions have defenders across the political spectrum.
  • The cases are mostly settled outside court: by editors, broadcasters and audiences, through complaints, cancelled bookings and public argument.

Who May Joke About Whom?

QuestionPositions
Group jokes (Chapter 2)Some say regional and ethnic jokes are harmless banter that shows affection; others say they reinforce prejudice. The East Frisian and Austrian jokes are generally seen as mild, while jokes about immigrant groups are more contested.
Insider and outsiderThe comedians from German-Turkish families named in Chapter 8 joke about their own background, which many audiences accept more readily than the same joke from an outsider. Critics say that this rule is too simple, since the content matters more than the speaker.
Punching up or downA common rule of thumb is that satire should target the powerful and not the weak. Opponents point out that power is hard to measure and that the rule can be used to excuse almost anything.
ContextAudience, venue and framing change how a joke lands: a cabaret in front of regulars, a prime-time programme and a social-media clip differ.
A British comparison Britain has its own arguments about the limits of comedy: the Jerry Springer: The Opera controversy over religion, complaints to Ofcom, the debates around Little Britain and the long-running row over how comics should handle gender and race (check). The legal frame differs: Britain has no general insult law of the German kind, but has offences of stirring up hatred and the Communications Act, and Germany's rules about the Nazi period have no British equivalent. In both countries the practical limits are set as much by editors, venues and audiences as by courts.
Check the details Legal sections, dates and case outcomes are from memory and the law changes. Verify with the text of the Criminal Code (Strafgesetzbuch), court reports and news archives. The positions above are summaries of public debates, not a ruling on who is right.

Exercises

Exercise 1

Explain the distinction commonly drawn between satire of Nazism and jokes that mock its victims, and give one work discussed in this chapter that was argued over on those lines.

Exercise 2

Summarise the Böhmermann affair in six sentences, giving the arguments of both sides and the legal outcome without judging them.

Exercise 3

Compare the limits of comedy in Germany and in Britain in law, in practice and in the debates, and say what the comparison suggests about the stereotype of the humourless German.

Quick Reference

  • Nazi past: Chaplin, Lubitsch, Brooks; Mein Führer; Er ist wieder da
  • The test: target the perpetrators, not the victims
  • Law: sections 130, 86a, 185, 166; Article 5 of the Basic Law
  • Böhmermann 2016: poem, section 103, case dropped, section repealed
  • Open questions: religion, insider and outsider, punching up or down