Techdirt Hoists Would-Be Speech Censors

— Techdirt douses German government’s “Raging Dumpster Fire Of Censorial Stupidity”

Last week, I highlighted abuse of Germany’s newly implemented speech law, NetzDG, intended to regulate the spread of disinformation and hateful rhetoric online.

Yesterday, Techdirt hoisted the would-be censors who are abusing the new law.

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Via “Germany’s Speech Laws Continue To Be A Raging Dumpster Fire Of Censorial Stupidity” by Tim Cushing, Techdirt, February 21, 2018:

Germany’s new law, targeting hate speech and other unpleasantness online, is off to a roaring start. Instead of cleaning up the internet for German consumption, the law has been instrumental in targeting innocuous posts by politicians and taking down satirical content. The law is a bludgeon with hefty fines attached. This has forced American tech companies to be proactive, targeting innocuous content and satire before the German government comes around with its hand out.

It took only 72 hours for the new law (Netzwerkdurchsezungsgesetz, or NetzDG) to start censoring content that didn’t violate the law. Some German officials have expressed concern, but the government as a whole seems content to let more censorship of lawful content occur before the law is given a second look. The things critics of the law said would happen have happened. And yet the law remains in full effect.

The spirit is willing but the body is weak, Sterling Jones says in the opening of his excellent post detailing more blundering attempts by the German government to enforce its terrible law.

While intended to stop the spread of disinformation and hateful rhetoric online, recently published “local law” complaints show that would-be censors are using NetzDG to target all variety of content, including mainstream news stories, sexual words and images, an anti-Nazi online forum, and criticism of German Chancellor Angela Merkel and of the NetzDG law itself.

So, that’s how the law is working out. Sterling’s post is filled with takedown notices forwarded to the Lumen Database — all of them targeting speech that doesn’t appear to be unlawful even under Germany’s screwed up laws.

Read the full article by clicking here.

Fake News Ban Targets Political Speech, Sexual Content

— Germany’s recent fake news ban is already being abused by would-be censors

The Netzwerkdurchsetzungsgesetz (NetzDG) law, which came into force in October, requires social media websites to remove “fake news” and “hate speech” or risk fines of up to 50 million euros (40 million pounds).

While intended to stop the spread of disinformation and hateful rhetoric online, recently published “local law” complaints show that would-be censors are using NetzDG to target all variety of content, including mainstream news stories, sexual words and images, an anti-Nazi online forum, and criticism of German Chancellor Angela Merkel and of the NetzDG law itself.

That’s according to the Lumen Database, which archives online takedown requests.

Anti-NetzDG campaign: “Think ban on criticism” (source)

German author Martin Hilpert was among the first to be targeted for allegedly committing “criminal offences” under NetzDG.

On his Google Plus profile, Hilpert has published dozens of posts criticising Chancellor Merkel’s immigration policies and calling for her immediate dismissal.

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In October, Google received a request to remove “problematic” content from Hilpert’s account on the basis that his political views allegedly constitute “hate speech or political extremism” under NetzDG.

He’s not the only one in the cross hairs.

Two prominent German news publishers, centre-right newspaper Frankfurter Allgemeine Zeitung (FAZ) and tech website Heise online, have both had similar complaints lodged against them.

The complaint against FAZ states that the newspaper engaged in “harmful or dangerous acts” for a story about NATO, while the complaint against Heise states that the tech website engaged in “hate speech or political extremism” for publishing concerns by the EU Commission that NetzDG could lead to “possible abuse by governments seeking to limit freedom of expression.”

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From there, the censorious slope only gets slippier.

Last month, a Google Plus forum called NaziLeaks that exposes and ridicules neo-Nazis online was targeted for “discrimination, insults, defamation” and for being “extremely political.”

A separate takedown request for a photo of a snowman dressed like Hitler (allegedly containing “terrorist or unconstitutional content”) is probably unlikely to win over skeptics of the new bán.

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Next on the list of offending items, a perennial favourite of the would-be censor: sex.

Targets include a book of semi-nude photos of model Emily Ratajkowski (“sexual discrimination”), a forum for “friends to talk and exchange” that includes a soft focus nude photo (“pornographic”), and a public invitation for sex (“indecent”).

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While the few examples included here are all still available to view online, hundreds more aren’t.

As reported by Politico, last month Twitter deleted tweets by satirical magazine Titanic, comedian Sophie Passmann, and far-right politician Beatrix von Storch after receiving local law complaints.

It’s unclear how social media platforms determine what constitutes fake news.