Facebook and the Network Enforcement Act
It was actually planned that criminal content from Facebook and Co. or in the social networks would have to be reported to the Federal Criminal Police Office. From a legal point of view, however, Google, Facebook and Co. are unfortunately taking a different approach. This network enforcement law is fatally flawed in other areas as well.
Meanwhile, the basic idea is generally faltering. Various offenses, such as death threats, were previously simply deleted. In the meantime, however, people are also being asked to report them. Appropriate preparations have been made for this. In Germany, there is even a central reporting office for this.
Google and Facebook take a different approach
Google and Facebook claim to check all content for criminal liability themselves. Regrettably, the duty to report is rarely exercised. Therefore, new rules are being created for larger operators of such platforms. This is happening not only across Germany, but everywhere. Nevertheless, skepticism is appropriate with regard to the new reporting obligation. In Germany, it is the judiciary that decides on criminal liability - it is not the private companies. This results in a conflict of interest.
Despite everything, the Federal Criminal Police Office expects more than 150,000 criminal proceedings each year. It should no longer be enough for criminal content to simply be deleted. The judiciary and the police act as cooperation partners. Nevertheless, this law is more than controversial. Whether this new idea can actually be used to combat hate on the Internet and to what extent this approach will be successful or not remains to be seen.