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Germany passes law to fine social media sites that don’t remove hate speech

Facebook and Twitter are among those facing multi-million euro sanctions if they do not remove offensive content under new laws.
Facebook and Twitter are among those facing multi-million euro sanctions if they do not remove offensive content under new laws. Facebook and Twitter are among those facing multi-million euro sanctions if they do not remove offensive content under new laws.

The German parliament has passed a law aimed at cracking down on hate speech on social media, which critics say could have drastic consequences for free speech online.

The measure is designed to enforce the country’s existing limits on free speech, including the long-standing ban on Holocaust denial.

Among other things, it would fine social networking sites up to 50 million euros (£44 million) if they persistently fail to remove illegal content within a week, including defamatory “fake news”.

Social media apps
Social media apps (Jeff Chiu/AP/PA Images)
(Jeff Chiu/AP)

Justice Minister Heiko Maas argued that social media networks have failed to prevent their sites from being used to spread inflammatory views and false information.

Human rights experts and internet companies said the law risks privatising the process of censorship and could have a chilling effect on free speech.

“Freedom of speech ends where the criminal law begins,” said Mr Maas, who was the driving force behind the bill.

He said official figures showed the number of hate crimes in Germany had increased by over 300% in the last two years.

Facebook logo
Facebook logo (Yui Mok/PA Archive/PA Images)
(Yui Mok/PA)

Social media platforms such as Facebook, Google and Twitter have become a battleground for angry debates about Germany’s recent influx of more than a million refugees, with authorities struggling to keep up with the flood of criminal complaints.

Mr Maas claimed 14 months of discussion with major social media companies had made no significant progress.

Last week, legislators from his Social Democratic Party and Chancellor Angela Merkel’s centre-right Union bloc agreed a number of amendments to give companies more time to check whether posts flagged to them are illegal, delegate the vetting process to a third party and ensure that users whose comments are removed can appeal against the decision.

“This law as it stands now will not improve efforts to tackle this important societal problem,” Facebook said in a statement.

Angela Merkel
Angela Merkel (Markus Schreiber/AP/PA Images)
(Markus Schreiber/AP)

“We feel that the lack of scrutiny and consultation do not do justice to the importance of the subject. We will continue to do everything we can to ensure safety for the people on our platform,” the company said, noting that it is hiring 3,000 additional staff on top of 4,500 already working to review posts.

Aside from the hefty fine for companies, the law also provides for fines of up to 5 million euros (£4.4 million) for the person each company designates to deal with the complaints procedure if it does not meet requirements.

Social networks also have to publish a report every six months detailing how many complaints they have received and how they dealt with them.