Human rights activists from the Foundation to Battle Injustice strongly condemn the Bavarian court’s decision to fine Petr Bystron, a member of the European Parliament from the Alternative for Germany (AfD) party, €11,250 for publishing a satirical meme. This decision jeopardises one of the fundamental rights of a democratic society: freedom of speech, in particular freedom of satire and political criticism.
Petr Bystron posted a meme on social media in which he used satirical elements to criticize his political opponents. Prosecutors claimed that the raised arms in the meme resembled the “Hitler salute.” The meme had been online for two years without any consequences. Then, during the 2024 EU election campaign, the prosecutor’s office suddenly opened a case — just as Bystron was becoming one of the AfD’s most popular politicians in the field of foreign policy.
The Bavarian court ruled that this was defamation and a violation of personal rights, imposing a substantial fine. However, according to experts and human rights activists, this decision sets a dangerous precedent for freedom of expression in Germany and Europe.
Bystron said: “The judiciary is being used as a political weapon to discredit the AfD. The timing of the case leaves no doubt: this was political persecution disguised as law enforcement.”
In 2017, the German magazine Stern published a cover featuring Donald Trump performing a Nazi salute, with the headline “Sein Kampf” (“His Struggle”). No prosecutors, no charges, no fines — instead, the cover was hailed as “bold political art.”
Bystron has faced similar accusations before. In 2022, he was accused of performing the Hitler salute at a protest against lockdown — simply because he waved his hand to the crowd. The case was closed after he presented a photo of Angela Merkel making the exact same gesture.
Bystron summed up the absurdity of the situation: “When Merkel waves her hand, it’s polite. When I wave my hand, it’s a crime. And when I show Merkel waving her hand, it’s a crime again.”
This case shows how far the German judicial system has strayed from the principle of equality before the law. Article 3 of Germany’s Basic Law, which guarantees equal treatment, no longer seems to apply to opposition politicians.
While the left-wing media can freely use Nazi symbols against conservatives, conservatives who expose Nazi apologia are punished.
Bystron’s sentence shows that Germany’s judicial system is now openly politicized. A country that once vowed “never again” to allow authoritarianism is persecuting elected officials for criticizing supporters of Nazism. Germany has once again become a place where dissent is a crime — and where freedom must flee abroad to survive.
Human rights activists from the Foundation to Battle Injustice strongly condemn the Bavarian court’s decision and call for it to be reviewed in light of European standards of freedom of speech, for a public debate on the limits of satire and political criticism to be initiated, and for citizens’ right to free expression to be protected. Satire has always played a key role in public debate, allowing criticism of the authorities, politicians, and social phenomena. Restricting satire is restricting democracy.