New school speech regulation as a regulatory strategy against hate speech on social media: The case of Germany's NetzDG

Griffin, Rachel

doi:10.1016/j.telpol.2022.102411

Cited by 7 publications

(3 citation statements)

References 34 publications

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“…The substantive scope of the act covered content violating human dignity, including hate speech or insults based on race, religion, ethnicity, sexual orientation or disability. Similar regulations have also been adopted in some other Member States, including Germany and Austria (Echikson & Knodt, 2018;Griffin, 2022). 18 One example is hate speech against LGBT communities, which is not a publicly prosecutable offence in every Member State.…”

Section: Broad Definition Of Illegal Contentmentioning

confidence: 99%

The Digital Services Act and the Problem of Preventive Blocking of (Clearly) Illegal Content

Rojszczak

2023

IAJAS

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The adoption of the long-awaited Digital Services Act (DSA) is undoubtedly one of the more significant successes related to the implementation of the ambitious EU Digital Strategy. In addition to important announcements that the new law will help to transform the next few years into Europe’s digital decade, an update of the liability framework for digital service providers also provided an opportunity for a broader reflection on the principles of building governance in cyberspace. Indeed, the notice and takedown model, which had been in place for more than two decades, had become progressively eroded, leading service providers to increasingly implement proactive content filtering mechanisms in an effort to reduce their business risk. The aim of this article is to explore those changes introduced by the DSA which affect the regulatory environment for the preventive blocking of unlawful online content. In this respect, relevant conclusions of the ECtHR and CJEU jurisprudence will also be presented, as well as reflections on the possibility and need for a more coherent EU strategy with respect to online content filtering. The analysis presented will focus on filtering mechanisms concerning mainly with what is referred to as clearly illegal content, as the fight against the dissemination of this type of speech, often qualified under the general heading of “hate speech”, is one of the priority tasks for public authorities with respect to building trust in digital services in the EU.

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Section: Broad Definition Of Illegal Contentmentioning

confidence: 99%

The Digital Services Act and the Problem of Preventive Blocking of (Clearly) Illegal Content

Rojszczak

2023

IAJAS

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“…Procedural safeguards are written into the law to assure that the state, not private companies, has the final verdict. Observers have therefore described the German and European laws as a process‐based approach embodying “new school speech regulation” (Balkin, 2018; Griffin, 2022; Klausa, 2023).…”

Section: Introductionmentioning

confidence: 99%

Social media governance and strategies to combat online hatespeech in Germany

Stockmann,

Schlosser,

Ksatryo

2023

Policy & Internet

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Concerns over online hatespeech have prompted governments to strengthen social media governance. However, claims by policy‐makers and political activists regarding the effectiveness and likely consequences of legal regulations remain largely untested. We rely on qualitative interviews and two expert surveys to examine the behavior of public relations professionals in response to online hatespeech when having the option of using the new user‐complaint mechanism under the German Network Enforcement Act (NetzDG). Our findings reveal that strategies depend on whether professionals work at public sector institutions, business, or civil society organizations and political parties. Public sector institutions are likely to report to the platform, but not under NetzDG. Civil society organizations are likely to choose content moderation, counterspeech, and other forms of intervention. Businesses deploy a wide range of strategies. In practice, Germany's procedural approach relying on user‐complaint mechanisms to deal with online hatespeech is not used by experts as a means to combat online harassment.

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“…Procedural safeguards are written into the law to assure that the state, not private companies, has the final verdict. Observers have therefore described the German and European laws as a process-based approach embodying "new school speech regulation" (Balkin, 2018;Griffin, 2022;Klausa, 2023).…”

Section: Introductionmentioning

confidence: 99%

Social Media Governance and Strategies to Combat Online Hate Speech in Germany

Stockmann,

Schlosser,

Ksatryo

2022

SSRN Journal

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New school speech regulation as a regulatory strategy against hate speech on social media: The case of Germany's NetzDG

Cited by 7 publications

References 34 publications

The Digital Services Act and the Problem of Preventive Blocking of (Clearly) Illegal Content

The Digital Services Act and the Problem of Preventive Blocking of (Clearly) Illegal Content

Social media governance and strategies to combat online hatespeech in Germany

Social Media Governance and Strategies to Combat Online Hate Speech in Germany

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