Boehmermann vs Erdogan – an update

You might remember the case of German comedian Boehmermann and the poem with which he demonstrated what you could, by then-German law (paragraph 103 StGB, the Criminal Code), *not* say about high-office holders abroad. Because the poem targeted him, and since wanna-be dictators like him tend to lack a sense of humor, Turkish PM Erdogan fell into the trap and took Boehmermann to court, demanding at the same time that all traces of it, and the earlier brilliant song that motivated it, be removed by the German government. Much hilarity ensued. Also much publicity for both, the song (now at more than 12 million views on youtube alone) and the poem.

That obscure paragraph 103 StGB with which Erdogan tried to silence Boehmermann goes back to 1871 and had been invoked only a few times previously. Equally obscure, and absurd, was paragraph 104a which stipulated that the government must decide whether it allows the complaint to go forward under 103. Merkel copped much opportunistic criticism, mostly from spectacularly ill-informed media writerlings and pollies, for her considered decision to let the suit go ahead, arguing correctly that it was not her job to decide whether Boehmermann had run afoul of paragraph 103 StGB.

I predicted then – confidently, because clearly the poem was meant to illustrate what you were *not* allowed to say — that Erdogan did not stand a chance. And sure enough he never did.

It must have been quite the lesson for Erdowahn. Be it only for the additional wave of ridicule it generated.

As of January 1, 2018, that silly paragraph in the criminal code (StGB), is gone for good. A  pity really because teachable moments for wanna-be dictators are few and far between.

Lessons to be learned: First, in a functioning democracy, satire can be used to speak truth to power even if that power feels perpetually offended. Second, a bit of knowledge of what laws say carries a long way. Spectacularly ill-informed opinions about what ought to be done, not so much. Third, a bit of sound game-theoretic reasoning carries a long way. Almost always.