Law to combat right-wing extremism and hate crime
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.
5. Abuse potential
„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