Who can talk about abortion? Information, offence, freedom of speech, and the advertising ban in Germany
| Published date | 01 February 2024 |
| DOI | http://doi.org/10.1177/02633957211024489 |
| Author | Alexej Ulbricht |
| Date | 01 February 2024 |
| Subject Matter | Articles |
https://doi.org/10.1177/02633957211024489
Politics
2024, Vol. 44(1) 25 –38
© The Author(s) 2021
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/02633957211024489
journals.sagepub.com/home/pol
Who can talk about abortion?
Information, offence, freedom
of speech, and the advertising
ban in Germany
Alexej Ulbricht
SOAS, University of London
Abstract
This article examines the debate in Germany on Article 219a of the criminal law, which prohibits
doctors from advertising for abortions. This ban prevents advertising for abortions on the grounds
that it would be offensive, while defining ‘advertising’ so broadly that it prevents doctors from
publicly providing any information about abortions. The article offers an overview of the law, as
well as the controversy following the conviction of General Practitioner Kristina Hänel, which
led to a reform of the law. The curtailment of the provision of factual information by medical
professionals is contrasted with the freedom of speech protection given to highly offensive speech
acts by anti-abortion activists. The argument is made that there is a Christian perfectionism at
the heart of the law on abortion in Germany that is shared by anti-abortion activists, leading to a
situation that facilitates the mobilisation of anti-abortion sentiment while curtailing the freedom
of speech of doctors.
Keywords
abortion, anti-liberalism, freedom of speech, Germany, offence
Received: 26th June 2020; Revised version received: 29th March 2021; Accepted: 7th May 2021
Introduction
In November 2017, Dr Kristina Hänel, a general practitioner from Giessen in Germany,
was fined 6000 euros for contravening Article 219a of the German criminal code – the
article of law that regulates advertisement for abortions. As far as Dr Hänel was con-
cerned, she had done no such thing, she had merely provided information. However, from
the perspective of the law, the matter was clear. This court case ignited an intense debate
in Germany around the rights of doctors and the legal status of abortions. Ultimately, this
debate led to a reform of the law in 2019, although Dr Hänel is continuing to pursue her
Corresponding author:
Alexej Ulbricht, Department of Politics and International Studies, SOAS, University of London, Thornhaugh
Street, Russell Square, London WC1H 0XG, UK.
Email: au6@soas.ac.uk
1024489POL0010.1177/02633957211024489PoliticsUlbricht
research-article2021
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