Netzwerkdurchsetzungsgesetz (“Network Enforcement Act”, NetzDG) Restricts Freedom of Speech and Hinders Prosecution
After today’s meeting with the Parliamentary Secretary Ulrich Kelber at the Ministry of Justice, the chairperson of the Amadeu Antonio Foundation, Anetta Kahane, repeated her criticism of the Network Enforcement Act, or NetzDG:
“The current draft misses the mark in its content, is legally questionable and privatizes the law. The legislation will not reduce illegal hate, but rather lead to a policy of deletion which restricts freedom of expression and hinders conscientious prosecution. For these reasons, the Foundation rejects the draft and considers it irreparable.
The goal of the act is supposedly to combat illegal expressions like racial slander, Volksverhetzung [racial incitement] and defamation. The state can accomplish this by supporting preventative efforts in our society, ensuring consistent law enforcement online and ensuring that its institutions and citizens can confront online hate and educate themselves.
Instead of rushing through half-baked legislation, the Ministry of Justice ought to sit down with representatives from civil society and social media companies. They can then bring together their diverse perspectives and work out effective strategies to combat illegal, hateful content online.”
The Primary Criticisms of the Foundation against the NetzDG Draft:
An extensive statement by the Amadeu Antonio Foundation on the drafted legislation can be found here. (PDF document, 106.3 KB)
Background
Two weeks ago, the Amadeu Antonio Foundation, together with other organizations, released a “Declaration for Free Speech” against the Ministry of Justice’s then-current draft of the Network Enforcement Act. The Parliamentary State Secretary Ulrich Kelber then invited all signatories of the declaration to a roundtable discussion. The Amadeu Antonio Foundation has concerned itself with hate in social networks for years.
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