From f23c97ed36a4d6a2b23114d4d543cf9659d77c81 Mon Sep 17 00:00:00 2001 From: 46halbe <46halbe@berlin.ccc.de> Date: Tue, 11 Apr 2017 08:00:00 +0000 Subject: committing page revision 1 --- updates/2017/netzdg.en.md | 108 ++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 108 insertions(+) create mode 100644 updates/2017/netzdg.en.md diff --git a/updates/2017/netzdg.en.md b/updates/2017/netzdg.en.md new file mode 100644 index 00000000..5efd267b --- /dev/null +++ b/updates/2017/netzdg.en.md @@ -0,0 +1,108 @@ +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. + + + +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: + -- cgit v1.2.3