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Germany plans to fine social media sites that do not remove reported hate speech

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Carn82

Member
Good, Germany seems to be the only country on the planet that understands how to balance free speech with the need to suppress hateful propaganda that leads to movements like the alt-right.

I visit Münich quite often (friend of mine lives there), its were the Nazi-party originated. There is a museum about the rise of national socialism (with, given the history of the place, a focus on the NSDAP / Nazi party). I visited it a few months ago and it's very impressive, and it actually made me sick to see a bunch of parallels in our current social and political climate. People sometimes forget that it took a good 15 years for the NSDAP to gain the ground they needed to put a guy Hitler in absolute control. We live in a time were we actually have politicians saying that not all people are equal and are targeting specific demographics to be a 'common enemy', I can just hope that we did learn a lesson from history.
 
I don't agree. Only a matter of time until those laws shift to redefine hate speech over time. Rather not. Goof for Germany though. Let them do them. Just don't wanna see that here.
 
Good, I wish we could do the same in US. These people shouldn't have the right to use platforms to spread their message. Sadly the US is so overflowing with this filth I see very little ways we can contain it.Though it would be hilarious for Breitbart to be fined 50 million dollars everytime they post an article .
 

Copenap

Member
The US has a really flawed view on freedom of speech which is very unfortunate.

But as stated numerous times before in this thread, this is not changing any existing laws on hate speech and freedom of speech, it just makes sure that social media companies are made responsible if their services are used to share this shit.
 

Siegcram

Member
I don't agree. Only a matter of time until those laws shift to redefine hate speech over time. Rather not. Goof for Germany though. Let them do them. Just don't wanna see that here.
So why hasn't that happened in the decades these laws have already existed? That slope doesn't appear that slippery.
 

HotHamBoy

Member
People continue to not understand what Freedom of Speech grants.

The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or of public order (order public), or of public health or morals"[5] Therefore, freedom of speech and expression may not be recognized as being absolute, and common limitations to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, non-disclosure agreements, the right to privacy, the right to be forgotten, public security, and perjury.
 

Xando

Member
I don't agree. Only a matter of time until those laws shift to redefine hate speech over time. Rather not. Goof for Germany though. Let them do them. Just don't wanna see that here.

These laws have been in place for 60 years and there hasn't been a shift to redefine hate speech.


This is only to force internet companies to finally follow german law like everyone else has to
 

collige

Banned
Can't really get behind this tbh. Obviously, the hate speech laws were already in place and Germany is well within their rights to enforce them with regards to their citizens, but I have a fundamental problem with the laws to begin with.

*chuckles* But sirs, what if the bad guys say that you are hate speech? *sits down and swills his brandy, knowing he has won*

Would you be comfortable with a Trump-appointed SCOTUS deciding who's covered by these laws?

People continue to not understand what Freedom of Speech grants.

The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or of public order (order public), or of public health or morals"[5] Therefore, freedom of speech and expression may not be recognized as being absolute, and common limitations to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, non-disclosure agreements, the right to privacy, the right to be forgotten, public security, and perjury.

That's just a list of free speech restrictions that are already in place in various countries, not a prescription for what should actually be law. I think several of those restrictions are varying degrees of bullshit (right to be forgotten, pornography, obscenity).
 

HotHamBoy

Member
Can't really get behind this tbh.



Would you be comfortable with a Trump-appointed SCOTUS deciding who's covered by these laws?



That's just a list of free speech restrictions that are already in place in various countries, not a prescription for what should actually be law. I think several of those restrictions are varying degrees of bullshit (right to be forgotten, pornography, obscenity).

But also:

Private entities and private spaces, however, are largely not required to protect your speech, and the first amendment does not protect what you say—only your right to speak.

...when you leave a comment on a company's Facebook page, post to a Reddit thread, or tweet your grievances, you're speaking in privately owned spaces. This means you should have no expectation that your speech is somehow protected beyond that service's terms of use. That said, when it comes to freedom of speech on the internet, there are two truths that are almost universal:

Most spaces on the internet are privately owned, and have no obligation to allow you to speak freely in their space. Whether it's Facebook removing content that violates its own terms of service, a blog owner deleting a comment they find offensive, or a big company deleting user posts from its Facebook page, your speech may be censored, but you have no first amendment right to free speech in those places. This includes our discussions on Lifehacker—we've always held our community up to high standards, and if you start a discussion we find isn't up to those standards, we reserve our right to dismiss it.

Most companies know it's in their own best interest to allow you to speak freely on their platforms. When you hear any company say "we support/stand for freedom of speech," what they really mean is that by honoring your freedom of speech, they know they can successfully build a community, attract users, attract views, attract advertisers, and make money. They may truly value free speech, don't get us wrong, and most companies know that success means taking the bad with the good, but that doesn't make it your right. They just know it's in their best interest to say they value it, and act accordingly

Lifehacker did a good piece on this


http://lifehacker.com/5953755/what-...-speech-and-how-does-it-apply-to-the-internet
 

Irminsul

Member
The only actual bad thing about this that I can see is that our minister of justice reacted on a study conducted by jugendschutz.net. Those are really awful people.
 

Siegcram

Member
What does that have to do with the subject at hand? This is a thread about government dictating what speech can be allowed on social media platforms. Everyone knows about the xkcd comic, but that doesn't apply here.
No, this is the government extending public laws into the digital space, something that should be self-evident in its obviousness.
 

HotHamBoy

Member
What does that have to do with the subject at hand? This is a thread about government dictating what speech can be allowed on social media platforms. Everyone knows about the xkcd comic, but that doesn't apply here.

If hate speech endangers people and social media shirks the responsibility of doing something about it then it falls on governments to protect the people. They aren't going after individuals, they are fining the platform.
 

MUnited83

For you.
This is a big blow for freedom of speech. It doesn't stop extreme beliefs, just makes it harder to know which assholes harbour them.
That's not how it works and it's a dumb argument that has been proven wrong over and over.
I don't agree. Only a matter of time until those laws shift to redefine hate speech over time. Rather not. Goof for Germany though. Let them do them. Just don't wanna see that here.
You're wrong.

What the fuck is up with people thinking that "hate speech" is some kind of really abstract concept? I mean, it's really fucjing straightforward. And why don't you apply that dumb rationalising to laws in general, anyways?
 

kadotsu

Banned
What does that have to do with the subject at hand? This is a thread about government dictating what speech can be allowed on social media platforms. Everyone knows about the xkcd comic, but that doesn't apply here.

The law has been there for 60+ years. It works, there is no slippery slope. And the first article of the Grundgesetz isn't free speech. It is something far more important for a country that committed the holocaust.
 

Sulik2

Member
The US has a really flawed view on freedom of speech which is very unfortunate.

But as stated numerous times before in this thread, this is not changing any existing laws on hate speech and freedom of speech, it just makes sure that social media companies are made responsible if their services are used to share this shit.

The good news is with these internet based companies, one country forcing them to behave with common decency can actually have a positive effect everywhere around the world if they get their hate speech tools created and working properly. The USA is too backwards to fix its usage of free speech, but Germany might still help us fix it.
 

collige

Banned
No, this is the government extending public laws into the digital space, something that should be self-evident in its obviousness.

This is why I amended my original post to say
Obviously, the hate speech laws were already in place and Germany is well within their rights to enforce them with regards to their citizens, but I have a fundamental problem with the laws to begin with.
 

jstripes

Banned
There's a real and serious problem, and Facebook and Twitter let it drag on for far too long. They wouldn't be facing consequences like this if they'd acted on it earlier.

If mass censorship descends onto the net, they are the ones to blame.
 

Irminsul

Member
Can't really get behind this tbh. Obviously, the hate speech laws were already in place and Germany is well within their rights to enforce them with regards to their citizens, but I have a fundamental problem with the laws to begin with.
So your solution against, e.g., cyberbullying would be "grow a thicker skin"? Because I don't see an alternative if you think laws against this shouldn't be a thing.
 

collige

Banned
So your solution against cyberbullying would be "grow a thicker skin"? Because I don't see an alternative if you think laws against this shouldn't be a thing.

I think social media companies should do a better of moderation (and empowering users to self-moderate) on their platforms. I also think that many forms of cyberbullying are already covered by existing death threat and harassment laws. Targeted harassment is a separate issue from generalized hate speech.
 

Xando

Member
I think social media companies should do a better of moderation (and empowering users to self-moderate) on their platforms. I also think that many forms of cyberbullying are already covered by existing death threat and harassment laws. Targeted harassment is a separate issue from generalized hate speech.

That's exactly what the german goverment said last year. That's why they gave social media companies a deadline until early this year to start and actually improve moderation and follow german law. (German source)

Social media companies did not improve their moderation or started following german law. That's why the goverment had to act now.
 
I'm talking more about the ability to espouse Nazi ideology or the like. Of course incitements to violence aren't protected in most cases anywhere.
But that's what hate speech is. You can't do hate speech here in UK or you'll get dealt with the authorities. And plenty have.

Doxxing, incitement of violence, and general hate speech needs to have justice to help out the victims. Didn't mean to incite harm against someone? Pay the fine or go to court and enjoy defending yourself.
 
I think social media companies should do a better of moderation (and empowering users to self-moderate) on their platforms. I also think that many forms of cyberbullying are already covered by existing death threat and harassment laws. Targeted harassment is a separate issue from generalized hate speech.
They've failed on their target which is why legal action has to follow.
 

collige

Banned
That's exactly what the german goverment said last year. That's why they gave social media companies a deadline until early this year to start and actually improve moderation and follow german law. (German source)

Social media companies did not improve their moderation or started following german law. That's why the goverment had to act now.

The difference being that I'm not advocating that any specific government dictate what standards should be enforced by platforms. I think the more important consideration at hand here is the potential for the erosion international communication that happens once individual nations get more involved in the game of determining appropriate content. I don't want arbitrary nations to be empowered to arbitrarily affect international services I enjoy (going far beyond typical shithead speech here).

So Facebook and Twitter are citinzens now?

No, of course not. I mentioned citizens to emphasize the above point that non-German citizens should not be subject to German law.
 

jstripes

Banned
I think social media companies should do a better of moderation (and empowering users to self-moderate) on their platforms. I also think that many forms of cyberbullying are already covered by existing death threat and harassment laws. Targeted harassment is a separate issue from generalized hate speech.

2014 - Social media companies should do a better job of moderation.
2015 - Social media companies should do a better job of moderation.
2016 - Social media companies should do a better job of moderation.
2017 - Social media companies should do a better job of moderation.
 

lawnchair

Banned
"Free speech" isnt "Freedom of consequence". In this case, you`re still allowed to say whatever you want, just know that some things will be punishable by law.

i don't follow your logic here. so if i go out and smoke some weed on the sidewalk and get arrested, i still have the freedom to smoke weed on the sidewalk ... just not without getting arrested?
 

Irminsul

Member
The difference being that I'm not advocating that any specific government dictate what standards should be enforced by platforms. I think the more important consideration at hand here is the potential for the erosion international communication that happens once individual nations get more involved in the game of determining appropriate content. I don't want arbitrary nations to be empowered to arbitrarily affect international services I enjoy (going far beyond typical shithead speech here).
I mean, on the one hand, I get the wish that you shouldn't be restrained by the lowest common denominator and only be able to discuss what China deems okay on Facebook.

On the other hand, big, international companies being above the law of democracies strikes me as more than a bit iffy.

Besides, Europeans are already adhearing to weird American customs about modesty on Facebook, whether they want to or not. So what you describe is already happening.
 

Spira

Banned
Established news organizations in the states should be fined for publishing fake news. I also think the media should be categorical to defend the freedom of opinion for journalists, but it should be obvious. If a piece is satire, then it should be labeled as such. if it is factual then it needs to be sourced and sound. Just like we have labels of restrictions on on games and films, the same needs to happen to the media.

To tie it in with the topic at hand, as cool as it would be to shut some people up on social media, freedom of speech should be defended even if it based on ignorance. Regular everyday people should not have to worry about censoring themselves irl or online. However, too often do I see individuals from both parties refer to articles based entirely on opinion, get passed around like its a sound statement for their argument.
 

shintoki

sparkle this bitch
I don't agree. Only a matter of time until those laws shift to redefine hate speech over time. Rather not. Goof for Germany though. Let them do them. Just don't wanna see that here.

I use to agree. But in the US, because we have done nothing about this at all. We have a massive influx of white supremacists, fake news, and other shit. People like the Spencer fuck who do nothing but incite people to violence basically should not have a place to talk. So I'm okay with it... the exact opposite seems to be true. Not punishing it has caused the fucked up issue were in.
 

Carn82

Member
i don't follow your logic here. so if i go out and smoke some weed on the sidewalk and get arrested, i still have the freedom to smoke weed on the sidewalk ... just not without getting arrested?

I corrected/appended myself a few posts after that ;)
 

collige

Banned
I mean, on the one hand, I get the wish that you shouldn't be restrained by the lowest common denominator and only be able to discuss what China deems okay on Facebook.

On the other hand, big, international companies being above the law of democracies strikes me as more than a bit iffy.

Besides, Europeans are already adhearing to weird American customs about modesty on Facebook, whether they want to or not. So what you describe is already happening.

In this specific case, it's not too much of an issue since the enforcement is largely just taking down offending posts made by Germans, but when it comes to enforcement of larger issues (like, for example, Russia's LGBTQ+ "propaganda" laws) it either forces the creation of internet ghettos a la Great Firewall or it starts affecting international users as companies enforce site-wide regulations to address local concerns.

I'm not a fan of my country's lamer cultural exports, but Facebook being lame of their own volition is a far cry from them being forced to do so (this is the usual "it's a private platform" position at play).
2014 - Social media companies should do a better job of moderation.
2015 - Social media companies should do a better job of moderation.
2016 - Social media companies should do a better job of moderation.
2017 - Social media companies should do a better job of moderation.

I never said they were doing a good job.
 

kadotsu

Banned
Established news organizations in the states should be fined for publishing fake news. I also think the media should be categorical to defend the freedom of opinion for journalists, but it should be obvious. If a piece is satire, then it should be labeled as such. if it is factual then it needs to be sourced and sound. Just like we have labels of restrictions on on games and films, the same needs to happen to the media.

[...]

Fining for fake news is the wrong approach. Those companies are well funded. They should be forced, if they reported fake news, to broadcast the clarification of the fake news as long and at the same time slots. That way you can't hide a 2 sentence apology in the middle of the night while spouting bullshit all day and just eating the fine.
 

RM8

Member
I don't agree. Only a matter of time until those laws shift to redefine hate speech over time. Rather not. Goof for Germany though. Let them do them. Just don't wanna see that here.
This is not a thing that happens in countries with hate speech laws. It's just not. Can you give me an example? We have hate speech laws back home in Mexico and also here in Japan - which means I've never been to a "free speech country", lol. I'm not seeing any signs of this slippery slope that will lead us to get jail time for saying we prefer chocolate over strawberry.

It's pretty freaking easy to draw a line when it comes to hate speech, just ask your neighbours (Mexico, Canada) or all the countries out there with hate speech laws.
 

Siegcram

Member
The difference being that I'm not advocating that any specific government dictate what standards should be enforced by platforms. I think the more important consideration at hand here is the potential for the erosion international communication that happens once individual nations get more involved in the game of determining appropriate content. I don't want arbitrary nations to be empowered to arbitrarily affect international services I enjoy (going far beyond typical shithead speech here).
You're aware that the leadership of these companies is much more arbitrarily selected than democratically elected governments and a lot less accountable, right?

The reverse of your scenario of said companies disregarding national jurisdiction is much more likely and a lot scarier as well. Your concern seems to be just about your fundamental disagreement with the restrictions to speech. The rest is conjecture at best.
 

Spira

Banned
Fining for fake news is the wrong approach. Those companies are well funded. They should be forced, if they reported fake news, to broadcast the clarification of the fake news as long and at the same time slots. That way you can't hide a 2 sentence apology in the middle of the night while spouting bullshit all day and just eating the fine.

There should be a three strike policy attached to it to make it effective. I know it sounds dramatic, but giving false information to the everyday populous isn't a joke.
 
Can anyone point out to me an instance when hate speech laws have been a negative force in a G20 country?

None of this hypothetical slippery slope shit. An actual example.

I'll wait.

Or... This is a good thing.
 

collige

Banned
You're aware that the leadership of these companies is much more arbitrarily selected than democratically elected governments and a lot less accountable, right?
True, but I wouldn't expect any less of a private entity.

The reverse of your scenario of said companies disregarding national jurisdiction is much more likely and a lot scarier as well. Your concern seems to be just about your fundamental disagreement with the restrictions to speech. The rest is conjecture at best.
I think my above post my clear up my position better. I don't think companies should be free to ignore the laws of the countries they operate in, just that individual governments exerting increased control over the content of international communities tends to have worse outcomes for the users.

It's true that my fundamental issue with this is with the nature of the speech restrictions, but I think that the online aspect issue exacerbates it.
 

akileese

Member
In this specific case, it's not too much of an issue since the enforcement is largely just taking down offending posts made by Germans, but when it comes to enforcement of larger issues (like, for example, Russia's LGBTQ+ "propaganda" laws) it either forces the creation of internet ghettos a la Great Firewall or it starts affecting international users as companies enforce site-wide regulations to address local concerns.

I'm not a fan of my country's lamer cultural exports, but Facebook being lame of their own volition is a far cry from them being forced to do so (this is the usual "it's a private platform" position at play).


I never said they were doing a good job.

They're not just doing a poor job though. They're doing literally nothing. Twitter is so completely and utterly toxic that no one will buy them. You would think when that becomes the case they would reevaluate how they would tackle this but nope.
 
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