Right-wing extremism and hate speech: mandatory reporting as of February

On February 1, the controversial “Law to Combat Right-Wing Extremism and Hate Crime,” which was passed under the old German government and provides for mandatory reporting of potentially criminal content by operators of social networks, will come into force.

Mandatory reporting for Facebook and Co

Under the law, Facebook, Twitter, YouTube and Co will be obliged not only to delete potentially criminal content shared on their platforms, but also to report it to the BKA. In the course of this, data of the user who shared the potentially criminal content must also be passed on.

In the course of the law’s passage, there had been massive criticism, mainly aimed at data protection rights, the circumvention of constitutional procedures by shifting the decision regarding possible criminal liability to private companies such as Google and Co, as well as the central suspicious activity database with sensitive data established as a result. Furthermore, the extended powers that police authorities receive in the course of this were criticized: Henceforth, they must also be provided with passwords and similar access data, which significantly expands their scope for surveillance and disciplinary action.

Facebook and YouTube took legal action

Facebook and YouTube are currently taking legal action against the new law. Both companies have filed emergency motions with the Cologne Administrative Court, on which a decision is expected in the near future. Although the emergency motions do not have any suspensive effect in legal terms, the reporting obligation for both companies is suspended for the time being. Should a decision be made in favor of Facebook and YouTube, the BKA intends to leave the entire reporting obligation in abeyance until a decision is made in main proceedings.

Special department at the BKA

Meanwhile, the BKA is prepared for a flood of reports: A separate department with 200 employees is ready to process reports, check them and record the data of the reported users. According to the BKA, it is currently coordinating with other police agencies and the judiciary in order to optimize internal processes. The team is expected to be operational by the deadline of February 1. BKA President Holger Münch should be pleased about this: He had pushed for the introduction of the reporting requirement because he sees so-called hate crime on the Internet as an element that endangers democracy, as it can intimidate politicians and journalists.