Germany Considers Law Forcing Social Media Sites to Remove Fake News

Germany is considering a law requiring social media networks
to quickly remove fake news and hate speech from
their sites. Photo: Shutterstock

Germany is set to take the fight against fake news to a new level, considering a bill which would force social networking sites like Facebook to act quickly to remove such content or face hefty fines. The bill would cover “fake news that incites hate, as well as other ‘criminal’ content,” such as inciting terrorism, or spreading child pornography.

Fake news, especially that which incites hate speech, has been seen as a significant contributor to a rise in anti-immigrant and anti-refugee violence in Germany and other parts of Europe. False articles claiming assaults by refugees have flourished, even being picked up by governments.

“The providers of social networks are responsible when their platforms are misused to spread hate crime or illegal false news,” German Justice Minister Heiko Maas said in a statement.

The German bill has come under fire from some groups as a violation of free speech. The fact that the bill is so sweeping in its domain has led some to say it runs the risk of becoming “de facto censorship.”

Green Party politician Renate Künst told broadcaster ARD that the bill could lead to “a sharp limitation of freedom of speech, because there will only be deleting, deleting, deleting.”

Facebook, one of the social media companies that would be most affected by the bill, has tried to avoid such laws by taking measures to stop the spread of fake news. It has expressed concern that the bill would force corporations, rather than the German courts, to make the decision about what is and is not hate speech or illegal false news.

The bill has strong support in the government, and it seems likely to pass. Should it go through, it will be something of a litmus test for the European Union. While it will only apply in Germany, if the law is seen as successful there, it may be copied by other nations, and there are already plans to introduce similar legislation to the European Union as a whole.

The German law causes me to reflect on the potential of such a law to come to fruition in the United States. In the Supreme Court’s 1919 ruling in the Schenk v. United States case, the Court ruled unanimously that while the First Amendment protects free speech, it does not protect dangerous speech. The Schenk ruling was modified in 1969 to state that in order for free speech to break the law, it can’t merely lead others into dangerous situations, it must directly encourage others to commit criminal actions of their own.

With that in mind, are false allegations, manufactured outrage, and hate speech truly protected speech? What is the value of an article written specifically to stir up hatred for a group of people? Should the German law requiring social media companies to quickly remove fake news and hate speech set a precedent for other nations? Why or why not?