Concept and significance of National Socialist symbols
National Socialist symbols refer to emblems, signs, badges, greetings, uniform parts, as well as certain slogans associated with National Socialism and in particular with the National Socialist regime in Germany between 1933 and 1945. Such symbols are, in particular, to be understood as emblems of the NSDAP, its sub-organizations (e.g., SS, SA, Hitler Youth), as well as other NS-related organizations. The best-known among them include the swastika, SS runes, and the Hitler salute.
The handling of National Socialist symbols in Germany is subject to comprehensive legal regulation, which serves primarily to protect the democratic constitutional state and to prevent the glorification or dissemination of National Socialist ideology.
Legal basis and areas of regulation
Criminal law provisions (§ 86a German Criminal Code – StGB)
Elements of the offense under § 86a StGB
The central criminal law provision concerning the handling of National Socialist symbols is § 86a of the German Criminal Code (StGB). This law penalizes the use of symbols of unconstitutional organizations. The scope of the offense notably includes the public use of symbols in written documents, images, speech (slogans), as well as on objects and through gestures.
Definition of symbols
The expressly covered symbols include in particular:
- Swastikas (§ 86a para. 2 StGB, Annex 1)
- SS runes
- SA emblems
- NS symbols with National Socialist context (such as state emblems featuring the swastika)
The offense encompasses both authentic as well as stylized or modified depictions, as long as, for an impartial observer, an association with National Socialist ideology remains recognizable.
Prohibited conduct
Punishable in particular is:
- The public use, dissemination, and making symbols accessible
- The manufacture and possession with the intent to disseminate or use
- Wearing as a badge on clothing or objects
- Acts in the form of slogans or the Hitler salute
The offense is already fulfilled by use or dissemination; any intended political activity is generally irrelevant.
Exceptions to the prohibition of use (§ 86a para. 3 StGB)
The law provides important exceptions. Accordingly, the use is not punishable if it serves
- civic education,
- the prevention of unconstitutional activities,
- art or science,
- research or teaching,
- the reporting of current events
- or similar purposes.
In each case, an individual assessment is required as to whether, and in what context, the use of the symbols falls under the exception. The standard of review is whether the purpose clearly does not involve approval or glorification of National Socialism.
Additional regulations and special features
Media and youth protection regulations
The Interstate Broadcasting Treaty, Telemedia Act, and especially the Interstate Treaty on the Protection of Minors in the Media (JMStV) contain relevant provisions restricting the dissemination and accessibility of National Socialist symbols through digital media, the internet, or in audiovisual works. Age-based indexing and the ban on public display also apply to such content.
Civil law aspects
In civil law, violations of the regulations regarding the handling of National Socialist symbols can have consequences in rental or employment relationships, lead to assembly bans, or affect house rules. For example, if a person wears NS symbols at a public gathering, this can result in expulsion from the premises or a permanent ban.
A violation of the prohibition of use can also impact the evaluation of “important reason” in, for instance, employment law when serving notice of termination.
Case law and questions of interpretation
The interpretation of § 86a StGB has been clarified by extensive case law. Among other things, the Federal Court of Justice has decided that even the use of signs that merely resemble NS symbols (for example, by slight modifications or stylizations) can fulfill the criminal offense, provided the reference to National Socialism is recognizable.
There is also consensus that purely private use (not public, not intended for dissemination) is not covered. Criminal liability always requires external impact, i.e., public use.
International law and comparison
Comparable regulations exist in other European countries. In Austria, for example, the 1947 Prohibition Act specifically regulates the handling of NS symbols, while in France the Loi Gayssot (1990) serves this purpose. However, the precise legal content varies in detail, particularly regarding the extent of exceptions and the evaluation of artistic or scientific freedom.
Summary and significance in legal practice
National Socialist symbols are under strict legal prohibition in Germany and many other countries. The criminal provisions seek to prevent the public display, dissemination, and use of such symbols and thus counteract any revival, glorification, or spread of National Socialist ideology.
Numerous exceptions, however, allow for a carefully considered, purpose-bound use in the context of education, science, art, research, and reporting. The complex rules are guided by a multitude of court decisions, which continually balance the importance of state protection and fundamental individual rights.
Accurate knowledge of the statutory regulations and their interpretation is of central importance for understanding the handling of National Socialist symbols in the legal system.
Frequently asked questions
Are National Socialist symbols generally prohibited in Germany?
National Socialist symbols such as the swastika, SS runes, the Hitler salute, or other specific symbols and signs of the NS regime are fundamentally prohibited in Germany under the German Criminal Code (§ 86a StGB). This applies both to the public display and dissemination of these symbols. Making, using, and distributing them, for example through printing, stickers, posters, flags, clothing, or digital content, is also forbidden. The regulation explicitly extends to signs of organizations banned under National Socialism, when used in a context that reveals advocacy or approval of this ideology. Exceptions exist only in special cases, e.g., in art, science, research, education, reporting on contemporary events, or civic education. Nevertheless, even use in these areas often requires a careful legal analysis to determine whether the exception truly applies. The legislature aims with this prohibition to protect public order and prevent the further dissemination or glorification of National Socialist ideas.
When is the use of National Socialist symbols considered a punishable offense?
A punishable use occurs whenever National Socialist symbols are used publicly, in gatherings, or through the dissemination of written materials (§ 11 para. 3 StGB), in a way that is likely to be seen as promoting or supporting the prohibited ideology. Liability is not limited to deliberate display in authentic form but also covers modifications that could be confused with the prohibited symbol (e.g. graphically altered swastikas, certain numeric codes or runes), provided the connection to NS ideology is recognizable to third parties. Criminal liability may also arise on technically public, though privately accessible, platforms such as social media or gaming platforms.
What exceptions exist to the prohibition of using National Socialist symbols?
The prohibition under § 86a StGB recognizes certain exceptions, particularly for art, science, research, teaching, civic education, and reporting on contemporary events. These so-called “socially appropriate purposes” are intended to allow for critical engagement with National Socialism. However, courts interpret these exceptions restrictively: portrayals must not be propagandistic or trivializing, but must clearly serve critical or scholarly reflection. The key criteria are the purpose of the use and the accompanying context. References to artistic freedoms, such as in theater, film, or exhibitions, are also considered provided the main intent is education rather than glorification.
What penalties apply for violations of the prohibition?
Intentional or even merely negligent violations of the prohibition on displaying and disseminating National Socialist symbols are punishable under § 86a StGB by fines or imprisonment of up to three years. If the symbols are used particularly for seditious or propagandistic purposes, the penalty can be correspondingly greater. In addition to criminal consequences, there can also be civil consequences, such as claims for damages or injunctions. Particularly relevant is the risk of competition law warnings, especially in commercial trade with relevant products, as well as personal disadvantages such as a criminal record entry.
How are National Socialist symbols assessed in the digital space?
In the digital space—such as on websites, forums, social networks, or online games—the prohibition applies under the same legal conditions as in the analog world. This means that displaying, sending, sharing, or otherwise disseminating NS symbols in digital media can also constitute a criminal offense. Platform providers are obliged to remove illegal content upon notification and may themselves be held liable for systematic violations. Users can also be held criminally liable for knowingly disseminating such content. The problem of global accessibility is addressed by cooperation between law enforcement agencies and platform operators, with German regulations applying to content accessible in Germany.
Can historical objects bearing NS symbols be legally owned or displayed?
The possession of original historical objects bearing NS symbols (e.g., medals, coins, flags) is generally not prohibited, provided they are not used for propaganda purposes. Their display is only permissible if it serves a historical, scientific, or educational purpose and is not intended to glorify or revive the NS ideology. Museums, memorial sites, and scientific institutions are required to provide specific contextualization so that visitors understand it is a critical engagement. Private displays or public presentations without a clear educational purpose may be subject to criminal penalties.
How does the legal situation compare internationally?
Germany has one of the world’s strictest laws on combating NS propaganda and the use of related symbols. Many other European countries have similar bans, especially states with direct historical involvement such as Austria, France, Poland, or the Czech Republic. However, approaches vary, particularly with regard to artistic freedom and historical context. In countries such as the USA, freedom of expression may protect the display of such symbols unless there is direct incitement to hatred or violence. Anyone importing such symbols to or from Germany must comply with German law, regardless of other international regulations.
