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+title: Chaos Computer Club supports Declaration on Freedom of Expression
+date: 2017-04-10 21:21:00 
+updated: 2017-04-11 08:00:00 
+author: kerstin
+tags: update, pressemitteilung
+
+The Chaos Computer Club (CCC) joins an alliance of organizations that protests against the adoption of the Network Enforcement Law („Netzwerkdurchsetzungsgesetz”) and supports a declaration on freedom of expression. Even if you don’t use any of the profit-driven platforms like Facebook or Twitter: The law in its very structure creates a privatized censorship regime that will suppress opinions, pictures, and films. We oppose this law strongly.
+
+<!-- TEASER_END -->
+
+Freedom of expression often flourishes in the gray areas: Thoughts and
+ideas that are outside mainstream, that are intended to provoke or just
+are impertinent, must be allowed. Although it may sometimes be hard to
+bear: Only a free discourse ensures progress.
+
+It is exactly this gray area, in which these platforms that carry a lot
+of the debates are now put under pressure by the proposed Network
+Enforcement Law („Netzwerkdurchsetzungsgesetz”, NetzDG). The threat of
+fines and short reaction deadlines will motivate the companies to rather
+delete content than risk punishment. Censorship tendencies are already
+apparent today on the large platforms, this leads to more supression of
+minority views, progressive ideas, and unpopular opinions.
+
+Frank Rieger, spokesperson for the CCC, commented: „Why should the often
+difficult decision what is legal and what is not be delegated to a
+private corporation that primarily follows its profit interests? The
+corporation wants to get rid of the problem as efficiently as possible.
+With this law, the German minister of justice, Heiko Maas, is thus
+making the first step towards automated, privatized censorship.“
+
+The task of regulating content in the net should neither be left to
+corporations nor to agitated mobs that mass-flag unwanted opinions. What
+we need instead is a modernization of the processes of the rule of law
+and due process within the legal system that can cope with the
+communication speed of the 21st century.
+
+ 
+
+### Declaration on Freedom of Expression
+
+in response to the adoption of the Network Enforcement Law
+(„Netzwerkdurchsetzungsgesetz”) by the German Federal Cabinet on April
+5, 2017:
+
+Freedom of expression has an essential and indispensable role in a
+society shaped by democratic values. The basic right to free expression
+is protected under the freedom of communication clause and under the
+freedoms granted to the press and broadcasters. The right to free
+expression finds its limits only where the rights and dignity of others
+are violated. The right to free expression and its restrictions, apply
+online as well as offline.
+
+Recently, the permissible scope of freedom of expression has been highly
+debated due to a number of incidents, which claim that false statements
+and hate speech often shape public discourse. To cope with this
+phenomenon, the Federal Cabinet has presented the Network Enforcement
+Law (NetzDG), which is set for adoption by the German Bundestag in the
+summer. Against this background, the signatories of this declaration
+wish to express their support for the following three principles:
+
+It is important to be able to effectively deal with criminal or illegal
+content. With all the necessary and proportionate resources at the
+disposal of the state. It is the responsibility of the judiciary to
+decide what is unlawful or punishable and what is not. The enforcement
+of such decisions must not fail due to a lack of provision of justice.
+Internet service providers play an important role in combating illegal
+content by deleting or blocking it. However, they should not be
+entrusted with the governmental task of making decisions on the legality
+of content.
+
+Freedom of expression is a precious asset. It goes so far as to make a
+society withstand content that is difficult to bear, but it operates
+within the framework of the legal regulation. Democracy feeds on a
+plurality of views.
+
+Any legislation should ensure that a balance is struck between
+constitutionally protected interests. Free expression and free
+information for all must not be affected by the existence of unlawful or
+criminal content being dealt with. This is particularly the case for
+content, in which illegality cannot be determined quickly enough,
+certain enough or at all to begin with. „When in doubt delete/block“
+should not be a fallback option, since such an approach would have
+catastrophic consequences on the freedom of expression.
+
+The Network Enforcement Law (NetzDG) adopted by the Cabinet questions
+these principles by transferring mainly state tasks of enforcement to
+private companies. The threat of high fines in connection with short
+reaction times increases the risk that platform operators will delete or
+block such contents, which fall in a gray area – to the detriment of
+free expression. The examination of the illegality of content also
+requires careful consideration of context and the intent of expression.
+This task must continue to be carried out by the court system.
+
+We believe that an overall political strategy is necessary to curb the
+proliferation of hate speech and deliberate fake news on the Internet.
+We recognise that there is a need for action; however, the draft law
+does not meet the requirement to adequately protect the freedom of
+expression. On the contrary – it jeopardises the core principles of free
+expression. Therefore, we call for a cross-societal approach which
+intensifies criminal prosecution and law enforcement while also
+strengthening counter speech, fostering media literacy, and preserving a
+regulatory framework that respects freedom of expression in the deletion
+or blocking of unlawful content.
+
+ 
+
+More information and supporters:
+<http://deklaration-fuer-meinungsfreiheit.de/>