German Streamer Montana Black, who has over 4 million followers on Twitch, came under fire on Tuesday after promoting an NFT giveaway that featured a "cyber kong" wearing a swastika armband. The post has since been deleted from his Twitter page, but not before it caused significant backlash online.
In the Tweet below, Twitter user SupremeSchaf captured an image of the now-deleted Tweet from Black. In the background of the giveaway image, there is clearly depicted a Nazi swastika, the symbol used by Hitler's Nazi Party in the 1930s and 1940s. The clip picked up a lot of backlash online, especially on the Reddit forum r/LiveStreamFails, with numerous people condemning the uncritical use of the fascist symbol which is directly tied in meaning to the holocaust and other atrocities carried out by Nazi Germany in the 20th century.
In response to the backlash, Montana Black stood by his choice to depict the swastika, reportedly saying what translates roughly to: "Personally, I probably wouldn't have deleted it. Just because there's a swastika somewhere doesn't mean everyone salutes, standards at attention and greets Adolf [sic]." This response received further negative feedback, with many calling him a clown in response to the now-deleted clip.
The depiction of Nazi symbols is banned in Germany under section 86a of their criminal code.
That code stated, "whoever domestically distributes or publicly uses, in a meeting or in writings ... disseminated by him, symbols of one of the parties or organizations indicated in Section 86 subsection (1), nos. 1, 2 and 4; or produces, stocks, imports or exports objects which depict or contain such symbols for distribution or use domestically or abroad, in the manner indicated in number 1 shall be punished with imprisonment for not more than three years or a fine."
There are only a few exceptions to this rule, for art and educational uses. German citizens who are found to violate the penal code regarding Nazi symbols face fines and possible prison time for the infraction. Without a ruling from a German court, It is unclear if an NFT of a gorilla with a Swastika would violate the rules, but there is a chance that Black could face legal consequences for his promotion of an NFT depicting a swastika.
It is also possible he will face punishment from Twitch, who bans hateful conduct including bigoted symbols and slurs, on or off their platform. They explicitly ban Nazi-related imagery, including "posting a swastika or SS bolts in chat."
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