Network Enforcement Act

The German law on hate speech (Network Enforcement ActNetzwerkdurchsetzungsgesetz) which came into effect on October 1, 2017 is continuously subject to criticism. Its legal and political implications in regard of the current global debate on the dealing with different opinions, the power and influence of social media on information and disinformation and its place in the context of an increasing fragmentation of the internet are widely discussed throughout media (i.e. see our posts here and here).

Since January 1, 2018, social media providers are now obliged to maintain a procedure for complaints. This procedure forms a core element of the law, as the obligation on the social media provider to delete unlawful content and the time period for deletion are triggered by the receipt of a complaint.