UN Expert Warns German Anti-Terrorism Laws Threaten Freedom of Expression for Palestinian Rights Advocates

UN Special Rapporteur Highlights Shrinking Civic Space in Germany

Irene Khan, the United Nations Special Rapporteur on the right to freedom of opinion and expression, concluded an official visit to Germany on February 6, 2026, with a stark warning regarding the state of free speech in the country. Khan expressed significant concern that Germany's anti-terrorism laws are being utilized in a manner that restricts advocacy for Palestinian rights, thereby chilling public participation and narrowing discourse within academia and the arts.

During her visit, which included stops in Berlin, Leipzig, Dresden, Cologne, Dusseldorf, and Karlsruhe, Khan observed that a security-based approach to freedom of expression has often had the unintended consequence of making individuals feel less secure and uncertain about the boundaries of protected speech.

Impact of Anti-Terrorism Measures on Advocacy

Khan's primary concern centers on the application of anti-terrorism laws, which she noted are restricting the space for pro-Palestinian activism. This has led to a climate where individuals, including students, pro-Palestinian solidarity activists, journalists, academics, and artists, are reportedly afraid to express their views both online and offline due to fears of hateful attacks, often amplified by social media.

The Special Rapporteur highlighted that some governmental measures, such as blanket bans on activists' slogans, surveillance of organizations based on vague notions of 'extremism,' and heightened protection of officials from public criticism, are inconsistent with international human rights standards. These actions, she argued, generate uncertainty regarding the line between protected and prohibited speech, encouraging stigmatization and self-censorship.

Broader Context and Recommendations

Khan's observations were made against a backdrop of a reported surge in hate speech, including antisemitism, Islamophobia, anti-migrant, and gendered vitriol in Germany. She acknowledged that the German government has taken these threats seriously but noted its increasing reliance on criminalization and security-oriented approaches.

The Special Rapporteur emphasized that while advocacy of hatred that constitutes incitement to discrimination, hostility, or violence must be prohibited under international law, offensive speech that is 'lawful but awful' should be addressed through education, awareness, debate, and discussion, rather than censorship or criminalization. Khan urged Germany to prioritize human rights over securitization and to clarify vague, ill-defined concepts that currently hamper freedom of expression. She expressed confidence in Germany's apex courts to provide this much-needed clarity.

Khan is scheduled to present a full report detailing her findings and recommendations to the Human Rights Council in June 2026.