This bill asks social media companies to take down content, including perfectly legal material, that social media companies like Facebook can arbitrarily label as “hate speech”, “fake news”, “pornographic content”, among other categories. In addition, the draft law de facto imposes filtering of content, despite the fact that such technology cannot understand context and will, therefore, inevitably lead to still more legal content being deleted. The basic aim of the bill is, of course, well-intentioned. However, the way this bill is drafted appoints social media companies as arbiters of legality and “the truth”. Furthermore, this bill breaches EU law, which establishes that all restrictions to fundamental rights, including freedom of expression, must be provided for by law, necessary and proportionate (Article 52 of the Charter of Fundamental Rights of the European Union). In addition, EU law also prohibits imposing general monitoring obligations on companies. If adopted, this unprecedented law would serve as a bad example for other states, including countries with serious democratic deficits.
EDRi » EU action needed: German NetzDG draft threatens freedom of expression »