Article 9 of the Basic Law for the Federal Republic of Germany guarantees the right of all Germans to form corporations and other associations. In practice, NGOs, formal and informal associations, and trade unions are free to operate without state interference. Non-state interference with the activities of CSO and human rights defenders appears to be on the rise however. In 2016, the German Institute for Human Rights reported: ‘with the new refugee situation and assistance in Germany, those active in work with refugees have become a target for hatred and violence. According to the estimates of civil society organisations, this threat is often not sufficiently recognised by government agencies.’

Article 8 of the Basic Law for the Federal Republic of Germany guarantees the right of all Germans to assemble peacefully and unarmed, and without prior notification or permission. Protests are common, and the right is respected in practice, with exceptions for groups espousing Nazism or opposing democratic order.

Freedom of expression is protected in the constitution, and journalists and the media are largely free and independent. Hate speech, advocating Nazism, and denial of the Holocaust has long been punishable under German law. Germany’s criminal code currently contains a provision which makes it illegal to insult foreign heads of state. In April 2016, German authorities acceded to a request from Turkish President Erdoğan, to commence investigations against a German satirist, Jan Böhmermann, prompting concerns about the German government’s commitment to free speech. However, In October 2016, prosecutors announced that charges would not be pursued against Böhmermann. Rights groups have documented a rise in hate speech via social media in Germany, with most of it targeted at non-Germans, refugees and LGBTI people.