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1title: Chaos Computer Club supports Declaration on Freedom of Expression
2date: 2017-04-10 21:21:00
3updated: 2017-04-11 08:00:00
4author: kerstin
5tags: update, pressemitteilung
6
7The Chaos Computer Club (CCC) joins an alliance of organizations that protests against the adoption of the Network Enforcement Law („Netzwerkdurchsetzungsgesetz”) and supports a declaration on freedom of expression. Even if you don’t use any of the profit-driven platforms like Facebook or Twitter: The law in its very structure creates a privatized censorship regime that will suppress opinions, pictures, and films. We oppose this law strongly.
8
9<!-- TEASER_END -->
10
11Freedom of expression often flourishes in the gray areas: Thoughts and
12ideas that are outside mainstream, that are intended to provoke or just
13are impertinent, must be allowed. Although it may sometimes be hard to
14bear: Only a free discourse ensures progress.
15
16It is exactly this gray area, in which these platforms that carry a lot
17of the debates are now put under pressure by the proposed Network
18Enforcement Law („Netzwerkdurchsetzungsgesetz”, NetzDG). The threat of
19fines and short reaction deadlines will motivate the companies to rather
20delete content than risk punishment. Censorship tendencies are already
21apparent today on the large platforms, this leads to more supression of
22minority views, progressive ideas, and unpopular opinions.
23
24Frank Rieger, spokesperson for the CCC, commented: „Why should the often
25difficult decision what is legal and what is not be delegated to a
26private corporation that primarily follows its profit interests? The
27corporation wants to get rid of the problem as efficiently as possible.
28With this law, the German minister of justice, Heiko Maas, is thus
29making the first step towards automated, privatized censorship.“
30
31The task of regulating content in the net should neither be left to
32corporations nor to agitated mobs that mass-flag unwanted opinions. What
33we need instead is a modernization of the processes of the rule of law
34and due process within the legal system that can cope with the
35communication speed of the 21st century.
36
37 
38
39### Declaration on Freedom of Expression
40
41in response to the adoption of the Network Enforcement Law
42(„Netzwerkdurchsetzungsgesetz”) by the German Federal Cabinet on April
435, 2017:
44
45Freedom of expression has an essential and indispensable role in a
46society shaped by democratic values. The basic right to free expression
47is protected under the freedom of communication clause and under the
48freedoms granted to the press and broadcasters. The right to free
49expression finds its limits only where the rights and dignity of others
50are violated. The right to free expression and its restrictions, apply
51online as well as offline.
52
53Recently, the permissible scope of freedom of expression has been highly
54debated due to a number of incidents, which claim that false statements
55and hate speech often shape public discourse. To cope with this
56phenomenon, the Federal Cabinet has presented the Network Enforcement
57Law (NetzDG), which is set for adoption by the German Bundestag in the
58summer. Against this background, the signatories of this declaration
59wish to express their support for the following three principles:
60
61It is important to be able to effectively deal with criminal or illegal
62content. With all the necessary and proportionate resources at the
63disposal of the state. It is the responsibility of the judiciary to
64decide what is unlawful or punishable and what is not. The enforcement
65of such decisions must not fail due to a lack of provision of justice.
66Internet service providers play an important role in combating illegal
67content by deleting or blocking it. However, they should not be
68entrusted with the governmental task of making decisions on the legality
69of content.
70
71Freedom of expression is a precious asset. It goes so far as to make a
72society withstand content that is difficult to bear, but it operates
73within the framework of the legal regulation. Democracy feeds on a
74plurality of views.
75
76Any legislation should ensure that a balance is struck between
77constitutionally protected interests. Free expression and free
78information for all must not be affected by the existence of unlawful or
79criminal content being dealt with. This is particularly the case for
80content, in which illegality cannot be determined quickly enough,
81certain enough or at all to begin with. „When in doubt delete/block“
82should not be a fallback option, since such an approach would have
83catastrophic consequences on the freedom of expression.
84
85The Network Enforcement Law (NetzDG) adopted by the Cabinet questions
86these principles by transferring mainly state tasks of enforcement to
87private companies. The threat of high fines in connection with short
88reaction times increases the risk that platform operators will delete or
89block such contents, which fall in a gray area – to the detriment of
90free expression. The examination of the illegality of content also
91requires careful consideration of context and the intent of expression.
92This task must continue to be carried out by the court system.
93
94We believe that an overall political strategy is necessary to curb the
95proliferation of hate speech and deliberate fake news on the Internet.
96We recognise that there is a need for action; however, the draft law
97does not meet the requirement to adequately protect the freedom of
98expression. On the contrary – it jeopardises the core principles of free
99expression. Therefore, we call for a cross-societal approach which
100intensifies criminal prosecution and law enforcement while also
101strengthening counter speech, fostering media literacy, and preserving a
102regulatory framework that respects freedom of expression in the deletion
103or blocking of unlawful content.
104
105 
106
107More information and supporters:
108<http://deklaration-fuer-meinungsfreiheit.de/>