German newsrooms and tech companies may soon face searches and material seizures without a judicial warrant under a new draft law approved by the federal cabinet.
The news has raised alarm over an EU-driven expansion of state oversight of the media in Germany.
Germany’s cabinet adopted the draft legislation on December 17, as investigative journalist Pauline Voss revealed January 5 in the online news platform NIUS.
The draft law seeks to transpose EU rules on political advertising into German national law in what has been called a strict and intrusive form.
Legal experts warn it poses a serious threat to freedom of expression, largely because it relies on EU regulations which define “political advertising” broadly and vaguely.
Under the EU’s Transparency and Targeting of Political Advertising Regulation (TTPA), political advertising officially covers content aimed at influencing political opinions, including election campaigns by parties.
Critics fear the German draft law could interpret the term far more widely, potentially encompassing journalistic reporting, commentary on public policy, and promoted media content, says Voss.
Such an interpretation would grant authorities sweeping powers to inspect and seize materials from media outlets and tech platforms, creating a pathway for administrative censorship reaching far beyond conventional campaigns.
In Germany, many journalists of different political orientations view their work as a tool to expose perceived threats to democracy.
Because politicised journalism is widespread, the draft law could be applied broadly, effectively enabling censorship under regulatory oversight even where the “threat” is subjective, critics say.
The Federal Network Agency (Bundesnetzagentur)–which is responsible for overseeing telecoms, energy, postal services, and digital networks–would wield powers normally reserved for criminal investigators, including searches of companies, advertising providers, and editorial offices.
In cases of “imminent danger,” such actions could occur without prior judicial authorisation.
“The fundamental right to the inviolability of the home is restricted to this extent,” the draft law explicitly states.
“When the state monitors and evaluates political communication in this way, free democratic discourse is restricted,” constitutional scholar Volker Boehme-Neßler told NIUS.
Media outlets are particularly exposed.
They could be searched both as distributors of political advertising and as “sponsors” if they pay to promote their own content — a common practice in digital journalism.
Even investigations without convictions may have a punitive effect, especially during election periods.
These powers could also affect US tech giants like X, Google, and Meta if authorities consider required disclosures insufficient, according to NIUS.
The chilling effect is already visible.
Major platforms such as Google and Meta have largely withdrawn from political advertising in Europe, citing legal uncertainty and fines of up to six per cent of global revenue.
Automated filters frequently misclassify journalistic content as political advertising, blocking promotion and reducing their reach.
Combined with the draft law, this creates strong incentives for self-censorship.
The German initiative also resonates in transatlantic politics.
It comes after the Trump administration imposed restrictive visa measures through the US Department of State for reasons of both political and digital policy.
The US has targeted figures linked to French former EU Internal Market Commissioner Thierry Breton and the German NGO HateAid.
Washington said in December it would deny visas to Breton and four others in protest of European regulation of social media.
Critics warn that by expanding administrative powers over political speech and US-based platforms, Germany risks further straining relations between the EU and the United States.
This would complicate Berlin’s transatlantic partnerships, even as conflicting approaches to free expression collide globally.
