Law to combat right-wing extremism and hate crime

The bill aims to block and prosecute illegal and hateful statements on communication platforms faster. Therefore all personal data instantly is transmitted to the BKA (Germany's Federal Criminal Police Office) for investigation. Police overloads causing censorship and privacy breaches are feared. The bill was rejected in the last instance by the federal president and is now being further elaborated.
Current status
Currently the bill is again being edited, since it was approved by all instances but rejected by the German federal president. Since he rejected the bill it has to be further elaborated. The next conference will be held on January 13, 2021.
The act to combat right-wing extremism and hate crime is designed to force communication platforms (e.g. Twitter, Facebook, Instagram, etc.) to immediatly transmit potentially illegal content along with the associated user user data (IP address, full name, place of recidence, date of birth) to the Federal Criminal Police Office for investigation purposes.
The law takes its starting point in an amendment to the Code of Criminal Procedure (StPO), which stipulates that this personal data may be collected in future for offenses of all kinds, i.e. not only in relation to hate or violent statements. The need for the BKA to collect data thus has a very broad spectrum.
This is intended to promptly remove criminal comments and such that are antisemitic, misanthropic or glorifying violence, while at the same time authors of such messages can be held accountable in a timely manner.


At first the overcaution can lead to the temporary or even indefinite ban of legal content, causing satire and humourous or journalistic content to be affected by this too.

Beyond that some wording of the bill is very vague. That emerges the valid concerns, that in future more content then required is reported to the authorities. This could lead to an enormous police overload.
There is no scientific basis for this. An increased public perception of threats and offenses, without profound, empirical basis and scientific source is caused by this and taken as reason for this action. Therefore the consequences of this bill are yet unknown.
The permissive handling of personal data is another hard point of criticism. Handling data like this is very questionable since the General Data Protection Regulation (GDPR) become effective. Clear deletion deadlines for the collected personal data do currently not exists.
If highly sensitive data is instantly transmitted to the BKA after a report, this enabled abuse by the authorities and also by the users (e.g. 'swatting').

Further Information

The bill was already worked out in multiple instances and conferences of the German legislative. Hereby it could obtain the German parliaments approval. Only in the final instance it was rejected by the German Federal President Frank-Welt Steinmeier. Not he bill is again being negotiated. A "repair law" is being proposed to correct the unconstitutional elements. It would be first time in history that a law rejected by the federal president does not go back to the desk but is to be repaired by an amendment law. 


This is yet another digital law by the German government, which is part of a longer history of lapse of judgement Especially after the Corona pandemic made the importance of the digitalization clear, it is incomprehensible why digital experts are being ignored again." -Matthias Wahl, president of the Federation of German Digital Industries (BVDW) 2020
The draft contains considerable encroachments on citizens' fundamental rights. It is doubtful whether these are necessary and thus reasonable in every respect. Even the basic concepts of mandatory reporting and the role of the Federal Criminal Police Office (BKA) raise serious questions.“ – Ulrich Kelber 2020