New school speech regulation as a regulatory strategy against hate speech on social media: The case of Germany’s NetzDG

A review of relevant empirical literature shows that many features of social media platforms actively promote or encourage hate speech. Key factors include algorithmic recommendations, which frequently promote hateful ideologies; social affordances which let users encourage or disseminate hate speech by others; anonymous, impersonal environments; and the absence of media ‘gatekeepers’. In mandating faster content deletion, NetzDG only addresses the last of these, ignoring other relevant factors. Moreover, reliance on individual user complaints to trigger platforms’ obligations means hate speech will often escape deletion. Interviews with relevant civil society organisations confirm these flaws of the NetzDG model. From their perspectives, NetzDG has had little impact on the prevalence or visibility of online hate speech, and its reporting mechanisms fail to help affected communities.

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Tags: Hate Speech, NetzDG, regulation, Social Media