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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.
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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/>
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