Strafgesetzbuch section 86a

The German Strafgesetzbuch (StGB; English: Criminal Code) in section § 86a outlaws use of symbols of "unconstitutional organizations" and terrorism outside the contexts of "art or science, research or teaching".

In 2006 the Stade police department started an inquiry against anti-fascist youths using a placard depicting a person dumping a swastika into a trashcan.

She intended to show the absurdity of charging anti-fascists with using fascist symbols: "We don't need prosecution of non-violent young people engaging against right-wing extremism."

On 15 March 2007, the Federal Court of Justice of Germany (Bundesgerichtshof) reversed the charge and held that the crossed-out symbols were "clearly directed against a revival of national-socialist endeavors", which thereby settled the dispute for the future.

[35][36][37] Section 86a includes a social adequacy clause that allows the use of the symbols that fall within it for the purposes of "art or science, research or teaching".

For example, German cinemas were allowed to screen Raiders of the Lost Ark and Inglourious Basterds, films which feature frequent displays of Nazi symbols, without censorship.

[40] As a result, the Federal Department for Media Harmful to Young Persons adapted the Attorney General's ruling to be applicable for all video games within Germany, and subsequently the USK announced this change in August 2018; USK will still review all games to judge whether the use of imagery under Section 86a remains within the social adequacy clause and deny ratings to those that fail to meet this allowance.