Twitter needs to take stronger action against illegal content

Consequences for poor moderation on the Twitter

With the application, Blume is defending itself against poor content moderation on Twitter. False claims about him have been spread on the platform for months, massively defaming him professionally and personally.

But even though he reported them several times in the procedure introduced by the Network Enforcement Act (NetzDG), Twitter left almost all of them online. The comments only disappeared more than a week after the report. This did not happen because Twitter permanently removed them, but because the account primarily responsible for the slander was blocked. The problem is that as soon as this account is reactivated, the defamatory content can be seen again immediately.

Those affected can request that defamatory tweets be deleted

The slander campaign could therefore be reactivated at any time. The Frankfurt regional court has now rejected this approach. Users have the right to have reported content checked on a case-by-case basis and decisions made regarding the person concerned. However, Twitter only applied its own internal guidelines here, which do not ensure permanent removal. The court now obliged the company to permanently remove almost all of the comments in question as well as all similar content. Those affected could demand that Twitter delete false or defamatory tweets against them.  

“I dedicate this legal success to my US colleague Dr. Anthony Fauci, who has been directly addressed on Twitter by Elon Musk these days. But denying science, spreading hate speech and conspiracy myths is not freedom of expression, but an attack on human life and every democracy. My thanks go to Chan-jo Jun and HateAid, with whom I want to continue the constitutional fight for coexistence based on human dignity.”  

Dr. Michael Blume, Baden-Württemberg state government representative against anti-Semitism

The smear campaign

For weeks, Dr. Blume is trying to take action against the massive attacks and reported the defamatory tweets with legal support. But in 43 of 46 cases, the comments initially remained online. According to the NetzDG, Twitter would then have had to give him the opportunity to appeal against this decision. In addition, the platform should have informed him of the option to file a criminal complaint against the author. Instead, the company simply acted based on internal guidelines and wanted to resolve the matter by suspending the main perpetrator's account.

However, the internal guidelines are not very reliable for users, as recent developments show: Twitter recently announced that it would delete irregular content on the platform less frequently and instead hide it. In addition, after the takeover by Elon Musk, the company repeatedly makes decisions to restore blocked accounts at its own discretion.

Dr. Blume was ultimately forced to take legal action against Twitter in order to enforce applicable law.  

“Twitter apparently believes that the law is just a recommendation for them to take action. They rely on users not to take on the hassle and expense of legal proceedings. However, a lawsuit should not be the only way to enforce your right to use social media platforms. We have been observing these systemic deficits in content moderation on Twitter for a long time - they usually leave those affected helpless. We are therefore prepared to take legal action against the platform until it finally reliably adheres to German and European laws.”  

Josephine Ballon, Head of Legal at HateAid

The details of the verdict

Today's injunction requires Twitter to remove almost all of the defamatory tweets and also all core content on the platform. If the company does not comply with this, it could face a fine of up to 250,000 euros for each case of violation or, alternatively, up to six months in prison. The court said that the distribution of the statements in question unlawfully interfered with Blume's personal rights. They are capable of demeaning him in public opinion. Twitter violated its obligation to check. Merely blocking accounts is not enough. Dr. Blume reserves the right to take further legal action against Twitter.  

The Lawyer: Twitter must be forced to comply with applicable law

“In an ideal world, companies strive to comply with the laws that apply to them as best as possible. Twitter is now in contradiction to this, which is why the constitutional state and its judiciary are now required to force Twitter, if necessary with fines and imprisonment, to finally install effective protection of personal rights . We conducted a test case with many imponderables and were successful. A lot of tension has been lifted from me today and I am grateful for the trust shown by Dr. Michael Blume and HateAid. The ruling will make it much easier for future victims to enforce their rights.”

Chan-jo Jun, lawyer for Dr. Michael Blume

The verdict is not yet legally binding. 

Source:

Hate Aid

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