Berlin Complaints about illegal content on social networks have skyrocketed this year. This is demonstrated by the current data of the Federal Office of Justice (BfJ), available to the Handelsblatt.
As a result, as of December 12, 2022, the office had received 1513 complaints. “It’s about the since then Entry into force of the Network Enforcement Act (NetzDG) on 1 October 2017, the highest number of reports received by the BfJ,” the authority said on request.
Compared to the previous year, the number of reports has almost fivefold: In 2021, a total of 319 complaints about illegal content were received by the Federal Office. The NetzDG guidelines for handling complaints apply to all social networks with at least two million registered users in Germany.
The president of the digital commission of the Bundestag, Tabea Rößner (Greens), evaluates the numbers positively. “The NetzDG is working and being applied, even if the increased numbers look unsightly at first glance,” Rößner told the Handelsblatt.
According to the law, network providers must remove illegal content, such as racist, offensive or hateful speech, within a short period of time. If a user reports content to the provider as ‘hate speech online’, but then feels that the report has not been handled properly, they can contact the BfJ.
SPD digital politician: “The situation on Twitter is of great concern”
Significantly more complaints are received by the networks themselves, i.e. directly. The federal government takes on 400,000 complaints a year for every major vendor. Twitter, which was taken over by entrepreneur and billionaire Elon Musk at the end of October, also saw an “increased number of reports” according to the BfJ.
According to the authority, this is essentially due to the fact that “some subjects have presented numerous individual complaints”. The BfJ declined to provide further information on specific complaint numbers on Twitter.
However, the office clarifies: “The BfJ monitors the possible effects of the current business development on Twitter on the handling of complaints there.” In this context, the authority is still in contact with Twitter.
The requirements of the Network Enforcement Act apply regardless of “who owns the company and how the company is organized internally”.
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Twitter must therefore continue to ensure a user-friendly complaints procedure and ensure that complaints are dealt with effectively. The procedure must ensure that illegal content is removed within the legal deadline or that access is blocked.
These deadlines vary according to the application. One example: Platforms must delete or block obviously illegal content within 24 hours of receiving the complaint. Traders usually have to decide on other reports within seven days.
SPD digital politician Jens Zimmermann has expressed doubts that this is still possible on Twitter after several changes made by Musk. “The situation on Twitter is a cause for great concern,” Zimmermann told Handelsblatt. The loss of experienced employees is “highly problematic” in terms of dealing with illegal content. After taking over the platform in October, entrepreneur Musk announced mass layoffs in both the US and Germany.
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Due to the already “lean” organizational structures, Twitter hardly exists anymore in Germany and Europe. “I see Twitter here heading towards big problems in Europe.”
Large accounts in particular provide information about the right to file a complaint
Green politician Rößner spoke on Twitter of “worrying developments” that should be closely monitored.
According to the authority, the overall increase in the number of reports received by the BfJ was recorded throughout 2022, with a further increase from the third quarter.
The Federal Office attributes the increase in the number of reports, including those in the third quarter of 2022, to the fact that social networks, especially high-reach accounts, are providing more and more information about the NetzDG reporting procedure and point out the possibility of submitting complaints to the BfJ for turning. Also in this case numerous individual complaints had been filed by some private individuals.
The new EU rules will replace the NetzDG in the coming year
The BfJ looks into each individual complaint. If the underlying content is found to be criminal and actionable, the authority reports the contribution to the appropriate prosecutors.
Starting next year, the EU’s Digital Services Act (DSA) will replace the German NetzDG. Zimmermann assumes that Twitter will then be subject to European supervision as part of the DSA as a so-called “very large online platform”. “In this respect, the focus must be on the consistent implementation and application of the new European rules,” said the SPD politician.
Green MP Rößner also stressed that what is currently happening on Twitter in the light of the entry into force of the DSA, but also in view of the law on protection against digital violence planned by the traffic light coalition, must be assessed precisely. If so, you need to fight back.
For most providers, however, there is a transition period. The DSA will come into full force only from February 17, 2024.
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In the coalition agreement, the SPD, the Greens and the FDP also announced a “law against digital violence”. This is intended to remove legal obstacles for those affected by digital violence, which make it difficult to take effective action against online insults, threats and personal rights violations, as announced by the government.
Obstacles include gaps in platform operators’ right to information. In addition, the legal conditions for electronic reporting and account suspension ordered by a judge must be created.
The approach here would be much broader than in the NetzDG, because traffic light refers to “digital violence” as attacks through contempt, reputational damage, coercion, blackmail, threats and social exclusion committed in the digital space – i.e. on online portals and social platforms, via messaging services or via email services.
The Federal Ministry of Justice is responsible for the bill within the federal government. A date has not yet been set for the presentation of the bill.
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