The Alfred Landecker Foundation supports FragDenStaat in its important work to strengthen a democratic civil society.
Hate messages or disinformation spread on the net within a very short time. This leads to more and more people withdrawing from public discourse in digital spaces. But even beyond the digital world, it has for some time become apparent that more and more people are being legally attacked by right-wing extremist networks, and as a result are being intimidated and threatened.
The instrumentalization of the legal system for political purposes has significant consequences for our democracy. If legal procedures are used in an abusive way, freedom of expression is restricted. Though it is mainly individuals who are affected by cease-and-desist letters and lawsuits - the overarching goal of such attacks is to stifle public discourse on a particular issue. Individuals affected often do not have sufficient resources and expert support to fight the legal attacks.
A strong civil society needs public confrontation with attacks from the right. FragDenStaat, as part of the Open Knowledge Foundation (OKF), counters these challenges with their project "GegenRechtsSchutz": Those affected are brought together and supported, especially in legal disputes.
GegenRechtsSchutz provides an infrastructure against attacks from the right on freedom of speech, press, art and science. The project defends people against claims under civil law. Anyone who is warned or sued by right-wing extremist actors - be it because of an article, a tweet or a theater play - can turn to GegenRechtsSchutz.
The basis for the work is a current study of unreported or underreported cases, which shows how high the threat to democratic structures is caused by right-wing extremist actors. Using so far underreported or underreported data, can provide insights into the total incidence of certain types of crime and thus paint a more comprehensive picture of the scope and structure of the activities of the far-right.
For this purpose, the OKF project FragDenStaat commissioned the Institute for Democracy and Civil Society(IDZ) e.V. with this study. The Alfred Landecker Foundation funded it.
A comprehensive analysis of interviews, court decisions and an online survey confirm the alarming picture: right-wing extremist actors are increasingly and successfully using legal means to restrict critical reporting, statements or actions.
The extent and consequences of interventions in the areas of activism, journalism, culture and science, as well as local politics were investigated, based on interviews with affected persons and experts, a special online survey and a survey of court decisions since 2015.
The studies show that legal interventions, i.e. the use of legal means or the threat thereof, have increased significantly since 2015 at the latest. The use of these means has several advantages for the actors: On the one hand, the effort for the interventions is low, and on the other hand, the plaintiffs have hardly had to fear any legal consequences. In addition, the interventions seem to be deliberately directed against supposedly vulnerable persons. The strategic approach has considerable consequences for those affected and their environment. In the face of intimidation, they may withdraw from their activities or choose new thematic focuses of their work.
The study and its recommendations for action are an important pillar in the further efforts of the project "GegenRechtsSchutz". Based on the findings, several needs can be formulated: for example, a support structure that mitigates the financial risks, as well as low-threshold counselling services to which they can turn for legal advice in the case of a concrete intervention, but also in the run-up to it.
The project GegenrechtsSchutz by FragDenStaat is committed to do precisely this: to providing counselling for those affected, financing legal aid and, if necessary, court proceedings, building networks for and with those affected, as well as bundling legal expertise and structured recording of all cases in order to provide a better basis for dealing with right-wing harassment strategies.
The entire study [in German] can be downloaded here.
