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The Social Networks Enforcement Law, first announced in March by Justice Minister Heiko Maas, aims to hold social media companies more accountable for the content published on their sites, and to ensure they are in accordance with Germany’s strict laws on hate speech and defamation.
But the bill has drawn vehement criticism from rights groups, lawyers, and a diverse mix of politicians, who say such steep financial penalties could incentivize tech companies to censor legal speech out of caution.
The Network Enforcement Act, commonly referred to as the “Facebook law,” was passed by the Bundestag, Germany’s parliamentary body, on Friday. Under the law, social media companies would face steep fines for failing to remove “obviously illegal” content — including hate speech, defamation, and incitements to violence — within 24 hours.
Critics also claim that the proposed legislation — known as the “Facebook Law” — would give social media companies undue power to determine what people can say online, effectively outsourcing decisions that should be taken by the justice system.
Joe Mc Namee, executive director of the Brussels-based digital rights group EDRi, says the German law would compel social media companies “to shoot first and don’t ask questions later in relation to anything that’s reported to them.” He also believes it would move Europe closer to “a wholesale privatization of freedom of expression,” with “large internet companies deciding what they want the public the discourse to be, and how much restriction…
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The Facebook test comes as Germany has had its own "fake news" problem, including one false viral story that said that Germany's oldest church was set on fire.