A large proportion of investigations into insults against religions are taking place in Berlin on grounds of alleged Islamophobia. This is shown by statistics obtained by Apollo News. The number of such investigations has risen sharply.
The majority of investigations under the so-called blasphemy clause in Berlin in recent years have been conducted on the grounds of alleged Islamophobia. This was revealed by an enquiry from Apollo News to the Public Prosecutor’s Office in the capital. Last year, as many as half of the proceedings were conducted on the grounds of alleged Islamophobia. This means the proportion has risen from 20 per cent to 50 per cent since 2023.
Section 166 of the Criminal Code prohibits the “insulting of creeds, religious communities and ideological associations”. If such an insult is likely to disturb the public peace, it may result in a fine or a prison sentence of up to three years.
Between 2023 and 2025, there were a total of 76 investigations under this section, according to a list obtained by Apollo News. The public prosecutor’s office distinguishes between ‘anti-Christian’, ‘anti-Semitic’, ‘anti-Islamic’ and ‘xenophobic’ motives. In addition, there are further cases that are not assigned to a specific religion in the statistics, but rather to the category “Other”.
Of all 76 cases, 31 involved proceedings on “Islamophobic” grounds, accounting for 40 per cent. This compares with eight proceedings for anti-Semitism and five investigations on “anti-Christian” grounds.
In addition, there were seven cases over a three-year period involving an alleged “xenophobic” motive. According to the public prosecutor’s office, “xenophobic” is defined as “that part of hate crime which is committed on the basis of the victim’s perceived or actual nationality, ethnicity, skin colour or religious affiliation”.
The rise in the overall figures is primarily attributable to investigations into suspected Islamophobia, although there were slight increases in other categories as well. In 2023, there were a total of 15 cases under Section 166 of the Criminal Code; in 2024, there were 29 cases; and in 2025, there were 32. This can be attributed to the fact that investigations into Islamophobia rose from three cases in 2023 to 12 cases in 2024.
Of the 32 investigations in 2025, 16 were conducted on grounds of Islamophobia. Half of the proceedings were therefore initiated because someone had said something about Islam which, from the authorities’ perspective, could be considered an insult likely to disturb the public peace. The public prosecutor’s office did not state how many of the investigations led to fines or prison sentences.