Germany’s new hate speech act in force: what social network providers need to do now

On 1 October 2017, the German Netzwerkdurchsetzungsgesetz (Network Enforcement Act, „NetzDG“) that we already reported on in April and May, entered into force (English version here). The NetzDG shall be an “act to improve enforcement of the law in social networks” and aims at combating fake news and hate speech. Regulatory offences may be fined by up to EUR 5 million for individuals and up to EUR 50 million for the platform provider itself.

The NetzDG has been criticised since the beginning of the legislative process, as a great number of lawyers deem the law incompatible with the principle of freedom of expression and the upcoming EU E-Privacy Directive that will be effective 25 May 2018. Therefore, everyone is waiting in suspense for the first complaints brought up against this law to the German Federal Constitutional Court, or even the European Court of Justice.

We compiled the five key aspects of the NetzDG for social networks to make you NetzDG-ready.