As Apollo News reports, the Youtuber Aron Pielka was sent to prison this Sunday, almost four years after his conviction.
The reasons why his once suspended sentence came into effect are his inability to appear at court and a delayed penalty payment. Pielka says that he did not pay in time because he did not receive the notification. His obligations included staying at a given home address, but for familial matters he was not present. In short, all of this suggests that he became destitute and homeless over his activism. In post-2015 Germany critics get their social and professional ties cut in so many ways that their lives get irreparably destroyed. And this is probably also the motivation behind his conviction in the first place. It’s a feature, not a bug.
The laws are incitement against (a portion of the) people and the blasphemy law. Most of the speech the judiciary indicted him for were images of a burning Quran. Technically that is rather freedom of expression than freedom of speech and you may wonder what that is for. It is for the ground you can break with low-information voters, for starters.
Many conservatives moan about the lack of right-wing arts and a supposed lack of appreciation for the arts. But this is a misconception. The political left enjoys a tight control over our communication and makes demands on others which they would never abide by. Conservatives are expected to trim off jokes and ambiguities. Anything potentially amusing can be construed as offensive and is an excuse to cut somebody away from his audience. Say ‘retard’ and you’re out. Make masturbatory gestures on a stage and you’re the Queen of Pop.
Thus the reason why Aron Pielka included videos of burning Qurans is that it works. His material was funny, sarcastic, and creative. He’d got a sizable audience for a German Youtuber. Never did he burn any of the Qurans himself and neither did he express actual rage with the imagery. There was also no way that he could have incited non-Muslim Germans against Muslims in this manner.
The ability to threaten the public order is the legal threshold to incitement according to the law. That same threshold is supposed to anchor the blasphemy law. The only problem is that German courts have already established a tradition of ignoring that threshold.
This is reflected in one of the indictments which were bundled into Aron Pielka’s verdict. The court found that he incited anti-Semitism because he altered his avatar – a portrait of the Jewish philosopher Samuel Johnson – into a bat-man chimera. I haven’t seen it, but I suspect that it looks anti-Semitic as a standalone image. However, the avatar – by definition a visual to represent the speaker – was constantly changed to reflect some mood and Aron Pielka’s body of work shows a long-standing, unwavering support for Jews and the nation of Israel. Nobody thinks that he cultivated an audience that would go on a riot after viewing a bat picture.
But the burning Qurans are different, right? We all know they are. They don’t incite violence against Muslims, but they may well incite violence. What incites violence depends on the willingness of a subsection of the population to engage in it. But this makes the law quite arbitrary and, worse, it creates an incentive for more and more sections of society to engage in violence. If your violence is followed by a punishment of those who you feel provoked by, you can determine the order. You can set the rules and call the perceived provocations on your own terms.
And that is the spiral we must break early on. We must set the criteria what society and law accepts as untenable provocation. The fewer things are acknowledged as accommodated outrage, the calmer society will remain in the long run. This means a dress-down of all legal codes tackling ‘insults’. Incitement against (a portion of the) people should be replaced with a clear ban on two things and two things only: Quran burning and Holocaust denial.
The latter is not an attempt to quiet Jews, but to pre-empt the communists who like to exploit the shoah to justify their aggression.
The reason why the law is too general has much less to do with the Third Reich (the public approval of which is also banned there) and more to do with the German legal language which oscillates wildly between extreme detail and extreme vagueness. In the process of codification the thought trail must have gone from ‘we must quiet the Nazis’ to ‘a German chisels his law for eternity.’ So on its face ALL groups can demand the punishment of ALL other groups by ANY provocation. A law for once and for all, a low for a thousand years.
Small is beautiful, however, and laws can be changed. We should only accommodate the outrage of today and dare to hope for a future when that paragraph can be erased completely.
With that said, no Muslim riots have been provoked by Aron Pielka. The technicalities that led to his imprisonment don’t matter to me. Nobody should be threatened with punishment for his harmless online commentary. And if the authorities see harm in a behaviour, they must outlaw that conduct clearly and not apply vague laws selectively. He is a political prisoner and must be freed.







