Definition and Legal Significance of the Glorification of Violence
Die Glorification of Violence is a legally relevant term that encompasses various forms of the positive portrayal, approval, or promotion of violence against persons or property. The criminal law assessment, the legal foundations, as well as the distinction from related offenses are subject to specific regulations and case law in Germany and many other countries. The topic is particularly central in the context of criminal law, the protection of minors, and media regulation.
Definition and Distinction
Glorification of violence essentially refers to the positive portrayal, promotion, or approval of violent acts through linguistic, visual, or other representations. A distinction is made between the objective act (the actual conduct or representation) and the subjective element (the intention or approval of the actor or author).
Distinction from Related Offenses
Glorification of violence must notably be distinguished from related offenses such as incitement to commit crimes, abetting, or public incitement to the use of violence. While incitement to commit crimes involves a direct call for a concrete act of violence, glorification requires merely the positive assessment or approval of violence without specific incitement to action.
Legal Foundations in Germany
Criminal Code (StGB)
Glorification of violence is indirectly regulated in various provisions of the Criminal Code (StGB). There is no explicit criminal offense of “glorification of violence,” but several provisions contain regulations that target the positive depiction of violence.
§ 131 StGB – Depiction of Violence
A key provision is § 131 StGB. This prohibits the dissemination as well as the public making accessible of so-called “depictions of violence.” Accordingly, it is a criminal offense to disseminate, publicly display, or make accessible texts or other representations that depict cruel or otherwise inhuman acts of violence against humans in a manner that expresses glorification or trivialization of such acts.
Elements of Offense of § 131 StGB
- Objective: Representation and dissemination of cruel or inhuman acts of violence against humans; positive evaluation of the act of violence through glorification or trivialization.
- Subjective: Intent regarding the content and representation.
- Means of Offense: Writings, sound recordings, images, representations, particularly also digital media and video games.
Other Relevant Regulations
In addition to § 131 StGB, there are further provisions that may in a broader sense concern the glorification of violence:
- § 130 StGB – Incitement of the people (especially in cases of glorification of violence against certain groups)
- § 111 StGB – Public incitement to commit crimes (in cases of direct incitement to violent acts)
- § 185 ff. StGB – Offenses of insult (in cases of glorification of violence targeting individuals)
- Youth Protection Act (JuSchG) – Provisions on media harmful to minors
Media Law and Youth Protection Dimension
Youth Media Protection
The glorification of violence is also frequently an issue of youth media protection, especially in the context of films, video games, and other media content. According to the Interstate Treaty on the Protection of Minors in the Media (JMStV) and the Youth Protection Act (JuSchG), the dissemination or public accessibility of media that glorify or trivialize acts of violence is generally prohibited.
Indexing by the Federal Agency for the Protection of Children and Young People in the Media (BzKJ)
Media products, particularly films and video games, that depict acts of violence in a manner that approves or exaggerates the events may be indexed. This means they may not be supplied or publicly advertised to children or adolescents in Germany.
Case Law on the Glorification of Violence
Case law has further specified the glorification of violence, particularly in the context of the application of § 131 StGB. According to the leading case law of the Federal Court of Justice (BGH) and the Federal Constitutional Court (BVerfG), the decisive factor is whether the depiction, in its overall effect, is perceived as approval or trivialization of the act of violence. The totality of circumstances must be considered, taking into account the format, target audience, and intent.
International Legal Situation
There are also provisions on the glorification of violence at the international level, for example based on UNESCO conventions or through specific laws in other European Union states. However, international harmonization remains a challenge due to differing values and traditions.
Limits of Freedom of Expression and Artistic Freedom
A fundamental area of conflict exists between freedom of expression and artistic freedom (Art. 5 Basic Law) on the one hand, and the protection of public order and personal rights on the other. Glorification of violence may, under certain conditions, also be protected by fundamental rights. However, case law regards limitations as justified where prevention interests, protection of minors, and public safety prevail.
Sanctions and Measures
The glorification of violence can lead to criminal sanctions, administrative offenses, regulatory actions, up to professional and media law consequences. These include fines or imprisonment, confiscation, blocking of content, indexing, and bans on the distribution of media and works.
Prevention and Intervention Measures
To prevent the glorification of violence, the legislator relies on prevention through education, self-regulation, age ratings (by institutions such as FSK, USK, and BzKJ), as well as criminal law enforcement. Prevention and intervention also take place through school programs, public campaigns, and the promotion of media literacy.
Conclusion
The glorification of violence is a complex legal issue at the intersection of crime prevention, youth protection, media regulation, freedom of expression, and artistic freedom. The regulations are aimed at protecting public order, and particularly at shielding children and adolescents from negative influence by content that glorifies violence. In practice, careful balancing of the affected legal interests and rights is always required.
Frequently Asked Questions
What are the possible criminal consequences for glorifying violence?
Depending on its characteristics, the glorification of violence may fulfill various criminal offenses under German criminal law. § 131 StGB (distribution of writings depicting violence or cruelty to animals) is particularly relevant. Anyone who disseminates, publicly displays, or makes accessible texts that depict cruel or otherwise inhuman acts of violence against humans in a manner that expresses glorification or trivialization of such actions is liable to prosecution. Punishment ranges from fines to imprisonment for up to one year. For commercial conduct or distribution to minors, the sentence may increase. Importantly, even attempted dissemination is punishable. In addition to criminal consequences, measures under the Interstate Treaty on the Protection of Minors in the Media (JMStV) or the Network Enforcement Act (NetzDG) may follow, e.g. deletion orders or blocking of content.
To what extent are artistic or satirical depictions of violence privileged?
German law basically protects artistic freedom (Art. 5(3) Basic Law) and freedom of expression (Art. 5(1) Basic Law). Nevertheless, artistic freedom is limited by general laws, including criminal law. When assessing whether glorification of violence exists, each case is individually weighed to determine if it is a purely artistic depiction or in fact an unconstitutional glorification. The Federal Constitutional Court emphasizes that even drastic depictions may be permissible, provided they are set in an artistic or satirical context and are not specifically aimed at inciting hatred or glorifying real violence. The key criterion is whether the depiction has a recognizable social-critical or humorous content and is not an “end in itself.”
What role does youth protection play in the glorification of violence?
Child and youth protection plays a significant role. Under § 15 JuSchG (Law for the Protection of Youth in Public) and the Interstate Treaty on the Protection of Minors in the Media (JMStV), it is prohibited to distribute content harmful to minors, which includes depictions of the glorification of violence. Content that is likely to adversely affect the development of children and adolescents into responsible and socially competent individuals may be indexed by the Federal Review Board for Media Harmful to Minors (BPjM). For providers of media content—such as websites, streaming services, print media—violations may result in substantial fines, blocking, or bans on distribution.
Are private statements or chats also subject to criminal liability?
In principle, private communication and closed groups are not entirely exempt. While there is particular emphasis on public dissemination or making content accessible to an indeterminate number of people (§ 131(1) StGB), the circle considered “public” can also be reached in messenger groups or chats if a certain number of members is involved. One-on-one communication is generally not punishable, but consequences may arise, especially if, for example, illegal content is forwarded or saved for further dissemination. There may also be criminal relevance if, for instance, violent incitement or glorification leads to a concrete danger for third parties.
How are content glorifying violence tracked and removed on the Internet?
For online content, German law provides for a graduated catalog of measures. In addition to criminal investigations by police and the public prosecutor and international cooperation, platform operators are obligated under the Network Enforcement Act (NetzDG) to promptly block or delete content that obviously constitutes glorification of violence and is unlawful. Reports can be made by users or third parties. Law enforcement agencies and regulatory bodies such as the BPjM also have tools to index websites or impose network blocks. Both AI-based and manual review processes play a technical role in this.
What is the distinction regarding reporting on violence?
Reports, especially by public and private media, are protected by freedom of the press (Art. 5(1) Basic Law). However, journalists and media professionals must not disseminate content glorifying violence. Reporting on violence is permissible, but glorification is not. The crucial factor is the manner of depiction: factual, informative reporting is generally allowed, but presenting violence as desirable, exciting, or worth imitating is prohibited. Newsrooms are especially obliged to exercise care and weigh their choice of words and images.
Can sharing memes or videos with content glorifying violence also be punishable?
Yes, sharing, forwarding, or uploading media or memes that glorify violence can be punishable if such content is relevant under § 131 StGB. Criminal liability is not limited to original productions, but also includes the distribution of third-party content. The key factor is whether the medium objectively presents glorification, trivialization, or endorsement of violence and whether the action is made public or accessible to a larger group. Here too, each case is assessed based on the context—for example, satirical use or clear distancing—but in general, caution is advised when distributing such content.
Are there special sentencing rules for juveniles or young adults?
For juvenile or young adult offenders, the Juvenile Court Act (JGG) applies, which places emphasis on education over punishment. This means that, in the case of a conviction for glorification of violence, educational measures such as community service, social hours, or educational discussions are primarily imposed. Prison sentences are possible only in exceptional cases. Nevertheless, an entry in the education register is possible even then, which can impact the future, for example when applying for jobs. Pedagogical support and awareness-raising is particularly emphasized for juvenile offenders.
