Federal Justice Minister Marco Buschmann considers the call for a conference of interior ministers (IMK) on cyberbullying in June to be unnecessary. The IMK spoke in favour of a separate criminal offence for cyberbullying. Cyberbullying is insulting, threatening, embarrassing or harassing people on websites, forums, social networks or chats.
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At the meeting in Potsdam, the IMK chairman, Brandenburg Interior Minister Michael Stübgen (CDU), also pointed to the often significant consequences of bullying on social media and in chats, especially for young people. He said: “Cyberbullying is a growing phenomenon that has been underestimated, although it leads to serious consequences for victims in many areas of life.” Justice ministers should therefore examine whether they consider the introduction of a separate criminal offence sensible. In contrast to insults in the real world, for example in the schoolyard, the consequences of such an act are much more severe for those affected due to its spread in the virtual space.
Several tools against cyberbullying
Bushman agrees with the interior ministers in their analysis of the consequences. Cyberbullying can put people under extreme pressure, endanger their civil existence, cause health problems or worse, he said. At the same time, he stressed: “The interior ministers’ calls to toughen the criminal law seem a bit too sensitive to me.” Because the constitutional state already has plenty of tools, for example in the criminal code.
“There is the stalking paragraph, which also applies to cyberbullying situations and allows for prison sentences of up to three years for simple offences – and up to five years in severe cases.” Above all, such crimes must be consistently investigated and prosecuted. The state interior minister can make a significant contribution here through appropriate staffing, training and material resources.
Quick freeze instead of data retention
Buschmann finds the wishes of federal Interior Minister Nancy Fesser (SPD) and her state colleagues regarding the storage of IP addresses to be very broad. Her draft for an alternative quick-freeze procedure is ready “and in line with what we discussed within the government,” the minister said. Since the Social Democrats want to continue discussions and considerations about data retention of IP addresses, her ministry has adapted its proposal accordingly to make this possible. The draft is “now ready for departmental coordination.”
In April, Buschmann and Chancellor Olaf Scholz (SPD) agreed on a quick-freeze procedure. The data is only saved if a significant crime is suspected. Voting on this project is still ongoing within the federal government. Due to legal uncertainties, the old storage rules from 2017 were not used. Feser advocates a new legally compliant regulation for the storage of traffic and location data from telecommunications without reason – in particular to ease the fight against depictions of sexual abuse of children.
Electronic ankle bracelets are a state affair
Buschmann says he also sees a need to improve protection against violence from partners or ex-partners. He told the German Press Agency that countries that want to use the electronic ankle bracelet can regulate it themselves. The electronic ankle bracelet reveals the whereabouts – if someone goes to the affected person’s apartment despite the ban on visiting and contacting him, the police are alerted.
“Domestic violence means unbearable suffering for those affected,” Bushman stressed. He also agreed with the interior ministers that more protection is needed here. “As justice minister, I am doing something concrete about this,” he said. His ministry is currently working on reforming the child custody law and the family procedural law. Both projects are about better protection against domestic violence. Bushman: Countries may regulate electronic ankle bracelets in police law
If the interior minister considers ankle bracelets a useful tool in the fight against domestic violence, Buschmann said, he could introduce them immediately through the police law, which is a matter for the states. “If you want ankle bracelets, a regulation about it in the police law would also be a good idea,” the FDP minister said. After all, victims of domestic violence usually turn to the police first. “That’s why it makes sense that the police decide whether to order ankle bracelets or not.”
Ankle bracelets in Bavaria and Hamburg
Buschmann pointed out that police law in Bavaria and Hamburg enables the use of ankle bracelets when a police measure is ordered and in parallel with civil legal protection. “Nobody is stopping other countries from following the example here.” Federal Interior Minister Nancy Fesser (SPD) said at the IMK in June that the ban on entering the apartment and approaching the woman “must be consistently enforced and closely monitored”.
She is in contact with Buschmann about this. If offenders were monitored with electronic ankle bracelets, the police could intervene more quickly in emergencies and better prevent violence against women. Feser cited the corresponding regulations in Austria as a model. According to police statistics, 155 women in Germany were murdered by their partner or ex-partner in 2023 – 22 more than in the previous year. Among men, there were 24.
(Mac)
