She actually has a valid argument. Didn't think of it that way but I kinda agree with it
It is not up to the government if he violated current law or not - a court has to do that.
Simple really...
...but it's kinda 'meh' to say "Yea, well, bad luck that this law is still in place, we kinda didn't think anyone would be asshole enough to make use of it cuz of some entertainment program in TV... well, we gonna remove it now but suck it up, Böhmermann."
Maybe they are confident that the court will decide "not guilty" but that would be a risk move.