Death threats on Twitter, hateful posts on Facebook and other platforms, often anonymized accounts that incite against, defame and insult people - an unfortunate everyday occurrence on social media. According to the Network Enforcement Act (NetzDG), illegal content must be removed or blocked from the platforms. However, when it comes to removing such accounts from the Internet, those affected are at the discretion of technology companies, which may or may not ban an aggressive user.
Now the Federal Ministry of Justice in Germany has published a key points paper for a law against digital violence.
Key points for a law against digital violence
According to the key issues paper, the law against digital violence, which goes back to the coalition agreement, is intended to bring about several legal changes. They all aim to improve the legal options for private individuals to take action against violations of their rights in the digital space.
- Strengthening the private right to information
• Expansion of the scope of application:
The right to information should be expanded to include the release of usage data and all cases of violation of absolute rights, as well as to providers of messenger and Internet access services.
• More effective design of the information process:
After the information process has been initiated, all service providers should be obliged to specifically secure the inventory and usage data of the author of the allegedly infringing statement as well as the statement itself until the information process is completed.
In addition, measures are planned that accelerate the legal procedure or enable a quicker judicial decision (issuance of interim orders, video hearings, no court costs, the principle of official investigation and pooling of judicial jurisdiction). - Creation of a right to a court-ordered account blocking
Under certain conditions, those affected should have a right to an account blocking.
They should be given the opportunity to effectively defend themselves against repeated violations of their rights that are spread via the same account. This improves legal protection against notorious infringers in the digital space. In order to take into account the fundamental rights positions of all those involved - the applicant, the account holder and the service provider - the account blocking will be linked to several conditions. In particular, it must be proportionate in the specific case: content moderation must not be sufficient as a milder means and there must be a risk of serious impairments of general personal rights being repeated by the specific account. - Facilitating delivery
The delivery of letters to service providers should be made easier. The obligation to name a domestic authorized recipient should be retained and extended to out-of-court letters. It has so far been regulated in the Network Enforcement Act, which will be repealed when the Digital Services Act comes into force.
Law against digital violence – the right to information in practice

“Effective legal protection is a constitutional requirement. Anyone whose rights are violated must be able to defend themselves effectively in court. This also applies to legal violations in the digital space: insults online as well as threats or slander. Current law falls short of this requirement. Those affected often find it unnecessarily difficult to enforce their rights themselves. Identification of the person involved often fails due to a lack of information or the time factor. We want to change that. We will make it easier to take action against legal violations in the digital space. The law will not change the rules of democratic discourse. What can be said today can also be said in the future.”
Federal Minister of Justice Dr. Marco Buschmann
The key points paper on the law against digital violence was sent to interested parties (including civil society organizations) and published on the website of the Federal Ministry of Justice. Those involved now have the opportunity to comment until May 26, 2023. After evaluating the statements, the BMJ will present a draft bill. The key issues paper will also be the subject of the specialist forum “Hate on the Internet”, which will take place for the second time on April 19, 2023 at the Federal Ministry of Justice. Representatives from legislation and law enforcement at the federal, state and local levels as well as from civil society organizations, science and the private sector are invited to attend.
The key points paper on the law against digital violence and further explanations can be found here .
Related to the topic:
Hatred on the Internet and misogyny towards politically active women
Hatred and agitation in Facebook groups: German environmental aid is suing Meta
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Notes:
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