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Germany Acts to Tame Facebook, Learning from Its Own History of Hate

nytimes.com

21–30 of 229 posts

Re: Germany Acts to Tame Facebook, Learning from Its Own History of Hate

#21
post #9

I find it interesting that platforms are liable for hosting hate speech, but individual users are not liable for creating it. It's also interesting that Human Rights Watch has come out against the German law: https://www.hrw.org/news/2018/02/14/germany-flawed-social-me...

Depending on the type of hate speech in Germany, you can get thrown in prison for up to 5 years.

Re: Germany Acts to Tame Facebook, Learning from Its Own History of Hate

#22
post #18
post #8

"Germany, home to a tough new online hate speech law", anybody have the definition of hate speech according to this law? This article has a lot of information but a cogent definition of hate speech is not given.

There are no easy definitions for everything, the world is complex, deal with it. It is the same, for example, with pornography. One and the same image might either be pornography or a work of art, one and the same image might either be a holiday picture from the beach or child pornography, and you would be unable to tell the difference just from looking at the images. In some situations it is just more practical to…

Actually Germany has a pretty clear definition and precedent of this and it is certainly nowhere near to being congruent with what Americans call hate speech. This likely makes the translation "hate speech" a factual error.

Re: Germany Acts to Tame Facebook, Learning from Its Own History of Hate

#23

What even is this article? There is nothing substantive here. Like many other mainstream tech articles these days, this reeks of mass-media narrative control. I just wonder if it's the clicks that drive these or if there are other actors behind the scenes encouraging the deluge of anti-FB, anti-Goog, anti-Twitter, etc articles. Maybe I'm viewing this too broadly, but I get an icky feeling of intentional furor constru…

It doesn't even mention the actual name of the law.

Re: Germany Acts to Tame Facebook, Learning from Its Own History of Hate

#24
post #9

I find it interesting that platforms are liable for hosting hate speech, but individual users are not liable for creating it. It's also interesting that Human Rights Watch has come out against the German law: https://www.hrw.org/news/2018/02/14/germany-flawed-social-me...

Why do you think the users are not liable for creating it?

AFAICT the new law largely doesn't effect individuals, but you're right the existing laws do criminalise hate speech, with prosecutions up over a few years ago: https://www.eurozine.com/no-freedom-to-hate-germanys-new-law...

Still, the scale of the two issues - prosecutions vs platform censorship basically implies that most of the things being censored do not rise to that level of illegality.

Re: Germany Acts to Tame Facebook, Learning from Its Own History of Hate

#25
post #18

Earlier quoted context omitted.

There are no easy definitions for everything, the world is complex, deal with it. It is the same, for example, with pornography. One and the same image might either be pornography or a work of art, one and the same image might either be a holiday picture from the beach or child pornography, and you would be unable to tell the difference just from looking at the images. In some situations it is just more practical to…

Actually Germany has a pretty clear definition and precedent of this and it is certainly nowhere near to being congruent with what Americans call hate speech. This likely makes the translation "hate speech" a factual error .

I don't know how good or bad the German definition of hate speech is, my point was more that even if there is or were no precise definition, it would still not be a huge problem. This just seems to be a rather popular misconceptions that laws require and are not useful without perfect definitions for everything. In reality there is a lot for variation, some things are totally nailed down, some things are intentionally left open to interpretation.

Re: Germany Acts to Tame Facebook, Learning from Its Own History of Hate

#26
post #9

I find it interesting that platforms are liable for hosting hate speech, but individual users are not liable for creating it. It's also interesting that Human Rights Watch has come out against the German law: https://www.hrw.org/news/2018/02/14/germany-flawed-social-me...

> I find it interesting that platforms are liable for hosting hate speech, but individual users are not liable for creating it.

NetzDG only regulates how platforms that get a lot of complaints about content that is already illegal under existing criminal code have to handle and report those complaints.

Re: Germany Acts to Tame Facebook, Learning from Its Own History of Hate

#27
post #8

"Germany, home to a tough new online hate speech law", anybody have the definition of hate speech according to this law? This article has a lot of information but a cogent definition of hate speech is not given.

There's no new "hate speech law". There's only new law that punishes sites for failing to remove content that was already illegal. For this they have up to 24 hours, or a week if it is a more complex matter. That article generally misrepresents German laws, making them seem more draconian than they actually are. For instance displaying a Swastika is perfectly legal if you don't "objectively" use it to "promote (the)…

> For instance displaying a Swastika is perfectly legal if you don't "objectively" use it to "promote (the) national socialism".

Yet the chilling effects are real, leading to silly examples of censorship. Particularly in new mediums such as video games - most famously Wolfenstein 3D. The Bundesprüfstelle für jugendgefährdende Medien (BPjM) / Jugendschutzgesetz (JuSchG) has made some questionable decisions in the past.

I agree that "hate speech" has a different connotation than Volksverhetzung (particularly in this day and age), and it's a bit more nuances than the article presents it.

Re: Germany Acts to Tame Facebook, Learning from Its Own History of Hate

#28

Earlier quoted context omitted.

There's no new "hate speech law". There's only new law that punishes sites for failing to remove content that was already illegal. For this they have up to 24 hours, or a week if it is a more complex matter. That article generally misrepresents German laws, making them seem more draconian than they actually are. For instance displaying a Swastika is perfectly legal if you don't "objectively" use it to "promote (the)…

> For instance displaying a Swastika is perfectly legal if you don't "objectively" use it to "promote (the) national socialism". Yet the chilling effects are real, leading to silly examples of censorship. Particularly in new mediums such as video games - most famously Wolfenstein 3D. The Bundesprüfstelle für jugendgefährdende Medien (BPjM) / Jugendschutzgesetz (JuSchG) has made some questionable decisions in the past…

Yes you're right. I was setting some facts straight and answering my parent post's question. I wasn't voicing my opinion on whether or not I agree with those laws (I don't) and think they're well-designed (they're not IMHO).

Re: Germany Acts to Tame Facebook, Learning from Its Own History of Hate

#29
post #8

"Germany, home to a tough new online hate speech law", anybody have the definition of hate speech according to this law? This article has a lot of information but a cogent definition of hate speech is not given.

The NetzDG (which the article is about) exhaustively lists applicable statutes. Among them is Volksverhetzung, which is what is referred to here as hate speech, which is wildly inaccurate. Algolia says: https://news.ycombinator.com/item?id=13039422#13043027 Here is the full text of the law in question: https://www.gesetze-im-internet.de/netzdg/BJNR335210017.html (and here is a legally non-binding English translation:…

> Who does one of the following in a way apt to disturb/destroy public peace/harmony agitate against national/racial/religious or ethnic group, or against parts of the public or against private persons due to their belonging to a recognized group / part of the public, in order to incite hate or violence. attacking the human dignity of or defames or libels. - https://news.ycombinator.com/item?id=13039422#13043027

Reading the translation I have a couple questions. Is the same punishment given whether it is "hate" or "violence"? (I assume not)

What is Germany's definition of "hate"? Is it just up to the court to decide if something is considered hate?

Re: Germany Acts to Tame Facebook, Learning from Its Own History of Hate

#30
post #8

"Germany, home to a tough new online hate speech law", anybody have the definition of hate speech according to this law? This article has a lot of information but a cogent definition of hate speech is not given.

There's no new "hate speech law". There's only new law that punishes sites for failing to remove content that was already illegal. For this they have up to 24 hours, or a week if it is a more complex matter. That article generally misrepresents German laws, making them seem more draconian than they actually are. For instance displaying a Swastika is perfectly legal if you don't "objectively" use it to "promote (the)…

> displaying a Swastika is perfectly legal if you don't "objectively" use it to "promote (the) national socialism".

It seems that only applies if your work falls clearly within a few categories of exceptions. For example, Wolfenstein, a game about a Jewish commando fighting against the Nazis, was censored in Germany to comply with the law.

> "In Germany, we've removed all Nazi symbols and references. Unlike films and other works of art, video games in Germany are forbidden to use such symbols and references as they are classified in Germany as toys and not media art." The illegal display of Nazi imagery is punishable by three years in prison in Germany. (http://www.bbc.com/news/technology-27488254)

Even "Maus: A Survivor's Tale" struggled to be published uncensored. They eventually succeeded in convincing the culture ministry to allow publication, but it's not enough to be anti-Nazi.

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