Network enforcement Law: The big Delete can begin

On time for the new year, the NetzDG enters into force to report illegal content. Twitter already warns its users not to misuse the system.

Network enforcement Law: The big Delete can begin
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  • Page 1 — large delete can begin
  • Page 2 — Twitter warns its users
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    Größeresoziale networks in Germany are now obligated to quickly delete "Offensichtlichrechtswidriger contents". On January 1, 2018, DieÜbergangsfrist has expired, within which companies like Facebook, Twitteroder YouTube had to adapt to demands of so-called Network Enforcement Act (NetzDG). Sharp criticism of law comes weiterhinvom IT Industry association Bitkom. "The NetzDG is a sham package: Esführt Not for law enforcement, but too officially VerordneterStrafvereitelung", SagteBitkom chief Executive Officer Bernhard Rawhide. According to Verbandesverstößt, law against Basic Law and against EU law.

    The law adopted by Bundestag and Federal Council in middle of last year came into force in October. At this point, Sämtlichesozialen networks had to specify a inländischenZustellungsbevollmächtigten, regardless of ir size. Registering large networks with Bebetter two million users more than 100 complaints about illegal content per year, y are now obliged to produce half-yearly reports on handling of DenBeschwerden.

    Registration Forms Unlocked

    Since 1st Januar2018, large networks must also remove "obviously rechtswidrigeInhalte" such as popular incitement, threat, insult or übleNachrede within 24 hours of receiving a complaint. While Twitter has already been using corresponding registration forms in apps and on website for a few days, HatFacebook only released a "NetzDG registration form" at beginning of year. Even YouTube has now set up an additional option for EineSperrung "according to Network enforcement law" inserted unrelated to infopage.

    The Federal Office of Justice (BfJ) also provides ZumJahresbeginn einOnlineformular. However, users should not be punishable Inhaltemelden, but suspected violations of networks against deletion obligations. However, users must first complain about DieInhalte on network itself. "The Bundes velvet itself cannot make deletions or closures, but checks DieEinleitung of a fine procedure for systemic deficiencies in complaint handling," explained BfJ president Heinz-JosefFriehe in a press release.

    Overblocking fears

    A violation may occur if "obviously illegal content" is not deleted within 24 hours of receipt of complaint undüber deletion of or illegal content is not decided within seven days. The possibility of transferring decisions to a "recognised institution of ReguliertenSelbstregulierung", as stated in law, Kannnoch not be used because such an instance was not established by Netzwerkennoch. This facility would have opportunity to examine thieves for more than seven days.

    Critics such as Bitkom or Chaos Computer Club (CCC) are particularly disturbed by fact that law DieRechtsdurchsetzung is being delegated to private companies on Internet. "By NetzDG, companies are under enormous time pressure when y check reported content. The high Bußgelderverstärken this pressure. This will inevitably lead to deletion of ErlaubteInhalte, "said Bitkom managing director Rawhide.

    The actual fines are not yet fixed. The draft for fine guidelines Isstillmuch, which had become known last October, has not been published. The draft provides for a maximum fine of 40 million euro. The amount of individual fines Hängtdabei greatly depends on number of users and severity of infringement. Individualmanager can be punished at most with 400,000 euros.

    In view of Bitkom, fact that fine catalogue has not yet been published has contributed to WeitererRechtsunsicherheit. "Even competent officials do not seem to know how to lay out law in individual cases," said Rawhide.

    Date Of Update: 03 January 2018, 12:03
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