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The Network Enforcement Act (NetzDG) is a German law to improve law enforcement in social networks. It was passed in 2017 and came into force on October 1, 2017. The law obliges social network operators with more than 2 million registered users in Germany to delete or block obviously illegal content within 24 hours of receiving a complaint. A period of 7 days applies to content that is not obviously illegal.
Key Facts
- The Network EnforcementAct (NetzDG) aims to improve law enforcement in social networks.
- Operators of social networks with over 2 million users must delete or block illegal content as quickly as possible.
- Reporting obligation: Social networks must provide information on how complaints are handled.
- Systematic violations can result in fines of up to 50 million euros.
- Criticism of the NetzDG: Danger to freedom of expression due to potential overblocking.
- Significant compliance effort for companies to meet legal requirements.
- The law attempts to maintain a balance between freedom of expression and protection against illegal content.
Core elements of the NetzDG
1. reporting obligation: Social networks must report every six months on how they deal with complaints about illegal content.
2. complaints management: Providers must have an effective and transparent procedure for dealing with complaints.
3. contact person: A domestic authorized recipient must be appointed.
4. fines: Systematic violations can result in fines of up to 50 million euros.
Legal classification and criticism
The NetzDG aims to combat the spread of hate crime, criminal false news and other illegal content on social networks more effectively. However, it has been controversial from the outset. Critics see it as a threat to freedom of expression, as providers could also delete legal content for fear of fines (so-called overblocking). Supporters argue that the law is necessary to counteract the brutalization of discourse on social media.
Effects on companies
For companies that operate social networks, the NetzDG means a considerable compliance effort. They must implement effective processes in order to meet the legal requirements. This includes setting up reporting systems, training staff to assess content and implementing deletion and blocking procedures. Close collaboration between legal, compliance and operational teams is essential.
Conclusion
The NetzDG represents a significant intervention in the regulation of social media and has far-reaching implications for social network operators and users. It remains a controversial law that attempts to strike a balance between freedom of expression and protection against illegal content. Companies in the social media sector must deal intensively with the requirements of the NetzDG and establish robust compliance structures.
