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What a push to ban Kanye West’s music reveals about German hate speech laws

Tom Pugh
Tom Pugh - tom.pugh@thelocal.com
What a push to ban Kanye West’s music reveals about German hate speech laws
Kanye West at the 67th Grammy Awards in February 2025. Are politicians in Germany giving him exactly what he wants? Photo: picture alliance/dpa/PI via ZUMA Press Wire / Javier Rojas

In a Berlin district efforts are underway to ban two songs by Kanye West for their antisemitic themes. But what does it even mean to 'ban' music in Germany, and is it really possible in the age of streaming?

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Recently, the district council of Steglitz-Zehlendorf in Berlin introduced a motion to request a ban on two songs by US rapper Kanye West – now known as 'Ye'.

Local politicians from the Green, SPD, and FDP parties say their goal is to protect young people from exposure to antisemitic and National Socialist (Nazi) content. They argue that two of West's recent tracks glorify Nazism and perpetuate hate, and say it has no place on streaming platforms accessible to youth.

But is there any chance a ban will actually stop people listening to West’s music? 

The motion specifically targets two songs titled “WW3” and “Heil Hitler,” both released in 2025.

In Germany, the use and public display of Nazi symbols, slogans, and gestures – such as the swastika or the Nazi salute (Hitlergruß) – are strictly prohibited under Section 86a of the German Criminal Code.

West's track “Heil Hitler” controversially incorporates a speech by Adolf Hitler from 1935 and features Nazi symbolism on its cover art. “WW3” contains lyrics that express admiration for the Nazi leader.

Currently, these tracks exist online in partly censored forms – for example, Spotify hosts a version of “Heil Hitler” with the provocative chorus replaced by “Hallelujah.”

READ ALSO: How is Germany responding to Kanye West's 'Heil Hitler' single?

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How are songs banned in Germany?

Ultimately, the aim of the district motion is to have the two songs by West included on Germany’s “index of media harmful to minors” (Index jugendgefährdender Medien).

Before that can happen, the motion would need to be approved by Steglitz-Zehlendorf’s youth welfare committee and then the district council (BVV). Then the district could submit a formal request to Germany’s Federal Office for the Protection of Children and Youth in the Media (BzKJ) to have the songs banned. 

Even without the ban, a number of radio stations in Germany, including RBB and Kiss FM in Berlin, have already taken the decision to stop playing all of West’s music.

What is Germany’s 'index of harmful media for minors'

Germany developed a system of indexing "harmful" media in the 1950s with the aim of restricting access to books, songs, games, films, and other media containing excessive violence, hate speech, or positive portrayals of Nazis.

Indexing restricts advertising and sales of media deemed harmful to minors but doesn't actually constitute an outright ban. Indexed media must not be marketed to, or made accessible to children and teenagers, but adults can still listen or purchase them.

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Since the 1950s, a wide range of media has landed on Germany’s index, from violent video games to hyper-sexualized manga, Nazi propaganda, horror films, and records featuring hate speech.

A not-so secret index

Cultural products can be “de-indexed” as well as indexed. The video game “Mortal Kombat” was banned in Germany for a number of years before being removed from the list, for example.

Interestingly, media that is included on the index cannot be publicly announced as such. The idea being that it's counter-productive to provide a list of everything that young people are not supposed to see, read, or hear.  

If a newspaper were to publish a list of indexed media, for example, it could face legal prosecution.

FACT CHECK: Is it fair to say that Germany doesn't have a right to free speech?

But that doesn't stop the index from being known. It can be found on the internet, and has been widely discussed in certain forums. The names of songs, texts, games and films which have been indexed are easy to obtain internationally.

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All of which raises the question: How useful is Germany’s index actually?

In an era where streaming platforms operate internationally, even if West’s tracks were banned, they would still remain available on certain media platforms.

For this reason, critics of Germany's efforts to ban media argue that it inevitably fuels interest in 'banned' products, draws accusations of state censorship, and ultimately fails in stopping the spread of hateful media.

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Jayanth Koundinya
Calling the Hakenkreuz or the Hooked Cross Swastika is a blatant misrepresentation of the Hindu and/or Indian culture. Swastika has symbolises Prosperity and the Hakenkreuz does not. Please do correct this

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