The debate over a real-name requirement on the internet is gaining traction. Following former Constitutional Court President Andreas Voßkuhle, Bavaria’s Digital Minister Fabian Mehring (Free Voters) has now also voiced support. “The right to free expression does not include a claim to anonymity – one must stand by their statements; both offline and online,” he told the Tagesspiegel on Friday.
Berlin’s Justice Senator Felor Badenberg (CDU) called for a “results-oriented but open debate on a real-name requirement in the digital space,” the newspaper reported.
Voßkuhle had previously told the Tagesspiegel: “To rationalize the discourse culture somewhat, it should become mandatory to use your real name on the internet.” The former constitutional judge, who leads the Institute for Political Science and Philosophy of Law at the University of Freiburg, justified his call by pointing to a “paradoxical world.” Citizens seek more guidance, while each statement by politicians is “amplified online and by the media and stylized as a state crisis.” This contributes to a “permanently agitated” and “somewhat disoriented” society.
“With the simple measure of a real-name requirement, public discussions online could be detoxified,” Voßkuhle said, adding that society cannot withstand the “brutalization of the net” in the long term. While he admitted a real-name requirement is “not entirely simple,” he said such a step is constitutionally permissible. He stressed that it must still be possible “to criticize the government without fearing personal sanctions.”
Bavaria’s Digital Minister Mehring told the newspaper that what is criminal at the pub should “also be sanctionable online: Anyone who insults, threatens, or engages in incitement must also be held accountable digitally.” Knowing that one’s actions are not consequence-free encourages more responsible behavior, he said, adding: “This can noticeably detoxify public debates.”
He emphasized, “This is explicitly not about restricting opinions, but about a resilient rule of law that also functions in the digital space.” A real-name requirement on social media, “to civilize online discourse,” is a core demand of the Alliance Against Disinformation in the Digital Space, which he initiated.
Justice Senator Badenberg also expressed concern to the Tagesspiegel about the “growing unrestrained nature of anonymous online expression.” Insults, threats, and targeted personal attacks are “no longer marginal phenomena, but shape parts of the digital discourse.” She warned: “If we stand by idly, there is a creeping normalization of hate crime – with noticeable effects on empathy, social cohesion, and the willingness to engage in open debate.”
Badenberg said the sheer volume of problematic content on social networks makes it increasingly difficult to enforce existing laws. “The digital space is thus perceived as a place where different rules apply than in the offline world.” Criminally relevant statements are often made without restraint or fear of consequences.
She stressed: “We must empower the state to better fulfill its protective function – especially toward children and young people.” This must not involve symbolic politics or simple answers. The legal situation is complex, she added, “and the right to informational self-determination as well as legitimate reasons for anonymity, such as protection from political persecution, must be respected.”
Law enforcement authorities need “in clearly defined cases a reliable and practicable way to quickly identify suspects,” she said. Platforms must also be held more accountable “for contributing to the enforcement of our legal system.”
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