German court strikes down Facebook rules on hate speech

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Brictoria
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30 Jul 2021, 10:15 am

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BERLIN, July 29 (Reuters) - A top German court has ruled that Facebook (FB.O) acted illegally in taking down racist posts and blocking the account of their author because the social network failed to inform the user or give a reason for shutting them down.

Thursday's judgment by the Federal Court of Justice further complicates a fraught debate over toxic discourse on social networks as Germany girds for a general election in September that polls show may not deliver a stable government.

It is all the more striking because the comments made by the unnamed plaintiff evidently violated Facebook's community standards governing so-called hate speech, which is banned under German law if it threatens the peace or incites violence against minority groups.

In its three-page summary, the Karlsruhe-based court stated that Facebook's terms of service regarding the deletion of posts and blocking accounts for violating its community standards were "null and void".

This, it added, is because Facebook does not undertake to inform the user about the removal of an offensive post at least retrospectively, to advise that it is blocking an account, to give a reason for doing so, or to offer the right of appeal.

Source: https://www.reuters.com/technology/top-german-court-strikes-down-facebook-rules-hate-speech-2021-07-29/


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Fnord
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30 Jul 2021, 10:20 am

Brictoria wrote:
Quote:
[...] In its three-page summary, the Karlsruhe-based court stated that Facebook's terms of service regarding the deletion of posts and blocking accounts for violating its community standards were "null and void". [...]
Source: https://www.reuters.com/technology/top-german-court-strikes-down-facebook-rules-hate-speech-2021-07-29/
And what is this court's jurisdiction?

Besides, all that FaceBook has to do to comply with the ruling in Germany is to inform German users of take-downs and the reasons for doing so.

... Facebook (FB.O) acted illegally ... because the social network failed to inform the user or give a reason for shutting them down.

Source: Same article cited by the OP.


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30 Jul 2021, 11:07 am

Pffft…Sweden’s hate speech laws are far better than Germany’s. A pastor there was arrested for hate speech and incitement for saying homosexuality is a “sin”.

We need to enforce Sweden’s laws in the Deep South, Texas, the heartland, and the Utah/Idaho area.


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Fnord
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30 Jul 2021, 11:12 am

Tim_Tex wrote:
Pffft…Sweden’s hate speech laws are far better than Germany’s. A pastor there was arrested for hate speech and incitement for saying homosexuality is a “sin”. We need to enforce Sweden’s laws in the Deep South, Texas, the heartland, and the Utah/Idaho area.
Naah ... let us just tax every religious institution like we do to the other money-making enterprises.


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30 Jul 2021, 6:57 pm

Brictoria wrote:
Quote:
BERLIN, July 29 (Reuters) - A top German court has ruled that Facebook (FB.O) acted illegally in taking down racist posts and blocking the account of their author because the social network failed to inform the user or give a reason for shutting them down.

Thursday's judgment by the Federal Court of Justice further complicates a fraught debate over toxic discourse on social networks as Germany girds for a general election in September that polls show may not deliver a stable government.

It is all the more striking because the comments made by the unnamed plaintiff evidently violated Facebook's community standards governing so-called hate speech, which is banned under German law if it threatens the peace or incites violence against minority groups.

In its three-page summary, the Karlsruhe-based court stated that Facebook's terms of service regarding the deletion of posts and blocking accounts for violating its community standards were "null and void".

This, it added, is because Facebook does not undertake to inform the user about the removal of an offensive post at least retrospectively, to advise that it is blocking an account, to give a reason for doing so, or to offer the right of appeal.

Source: https://www.reuters.com/technology/top-german-court-strikes-down-facebook-rules-hate-speech-2021-07-29/


As the Soup Nazi would say: "No appeal for you!" :mrgreen:


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Pepe
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30 Jul 2021, 7:01 pm

Fnord wrote:
Brictoria wrote:
Quote:
[...] In its three-page summary, the Karlsruhe-based court stated that Facebook's terms of service regarding the deletion of posts and blocking accounts for violating its community standards were "null and void". [...]
Source: https://www.reuters.com/technology/top-german-court-strikes-down-facebook-rules-hate-speech-2021-07-29/
And what is this court's jurisdiction?

Besides, all that FaceBook has to do to comply with the ruling in Germany is to inform German users of take-downs and the reasons for doing so.


... Facebook (FB.O) acted illegally ... because the social network failed to inform the user or give a reason for shutting them down.

Source: Same article cited by the OP.


I think you missed the part where facebook doesn't want to do that.
Doing so would give the plaintiff "a right of appeal", me lord. 8)


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Laughter is the best medicine. Age-appropriate behaviour is an arbitrary NT social construct.
Don't tell me white lies. Gaslight me at your peril. Don't give me your bad attitude. Hypnosis, psychosis. Tomarto, tomayto. There are *4* lights. Honey badger.
If I'm so bad, pass me by. ;)


And one more thing,


"A stranger is a friend gang-stalker you haven't met yet." Humour is not meant to be taken seriously, yet many pervert its intent.
Truth may be inconvenient but it is never politically incorrect...The Oracle of Truth has spoken...8)


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Pepe
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30 Jul 2021, 7:02 pm

Tim_Tex wrote:
Pffft…Sweden’s hate speech laws are far better than Germany’s. A pastor there was arrested for hate speech and incitement for saying homosexuality is a “sin”.

We need to enforce Sweden’s laws in the Deep South, Texas, the heartland, and the Utah/Idaho area.


Well, according to god, it is. 8)


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Laughter is the best medicine. Age-appropriate behaviour is an arbitrary NT social construct.
Don't tell me white lies. Gaslight me at your peril. Don't give me your bad attitude. Hypnosis, psychosis. Tomarto, tomayto. There are *4* lights. Honey badger.
If I'm so bad, pass me by. ;)


And one more thing,


"A stranger is a friend gang-stalker you haven't met yet." Humour is not meant to be taken seriously, yet many pervert its intent.
Truth may be inconvenient but it is never politically incorrect...The Oracle of Truth has spoken...8)


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ASPartOfMe
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31 Jul 2021, 8:17 am

Tim_Tex wrote:
Pffft…Sweden’s hate speech laws are far better than Germany’s. A pastor there was arrested for hate speech and incitement for saying homosexuality is a “sin”.

We need to enforce Sweden’s laws in the Deep South, Texas, the heartland, and the Utah/Idaho area.

They would have to arrest millions of people., in the north also.


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Brictoria
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31 Jul 2021, 8:47 am

Pepe wrote:
Fnord wrote:
Brictoria wrote:
Quote:
[...] In its three-page summary, the Karlsruhe-based court stated that Facebook's terms of service regarding the deletion of posts and blocking accounts for violating its community standards were "null and void". [...]
Source: https://www.reuters.com/technology/top-german-court-strikes-down-facebook-rules-hate-speech-2021-07-29/
And what is this court's jurisdiction?

Besides, all that FaceBook has to do to comply with the ruling in Germany is to inform German users of take-downs and the reasons for doing so.


... Facebook (FB.O) acted illegally ... because the social network failed to inform the user or give a reason for shutting them down.

Source: Same article cited by the OP.


I think you missed the part where facebook doesn't want to do that.
Doing so would give the plaintiff "a right of appeal", me lord. 8)


I wonder why that minor detail was ignored in the reply?

It's not as though it wasn't included in the post which originated the thread (and was deliberately removed in the reply), after all...

It would be interesting to see how similar cases could work in other countries should "social media" companies ignore what is "agreed" to in their "terms of service" in their haste to remove members\posts.


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"When people express opinions that differ from yours, take it as a chance to grow. Seek to understand over being understood. Be curious, not defensive. The only way to disarm another human being is by listening." - Glennon Doyle Melton

Quote:
"Never forget that you have every right to question any individual, system, movement, or group that only tolerates you when you think and behave exactly like them" - Africa Brooke

Quote:
“There was a saying that a man's true character was revealed in defeat. I thought it was also revealed in victory.”
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Pepe
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31 Jul 2021, 9:20 am

Brictoria wrote:
Pepe wrote:
Fnord wrote:
Brictoria wrote:
Quote:
[...] In its three-page summary, the Karlsruhe-based court stated that Facebook's terms of service regarding the deletion of posts and blocking accounts for violating its community standards were "null and void". [...]
Source: https://www.reuters.com/technology/top-german-court-strikes-down-facebook-rules-hate-speech-2021-07-29/
And what is this court's jurisdiction?

Besides, all that FaceBook has to do to comply with the ruling in Germany is to inform German users of take-downs and the reasons for doing so.


... Facebook (FB.O) acted illegally ... because the social network failed to inform the user or give a reason for shutting them down.

Source: Same article cited by the OP.


I think you missed the part where facebook doesn't want to do that.
Doing so would give the plaintiff "a right of appeal", me lord. 8)


I wonder why that minor detail was ignored in the reply?



One of the mysteries of life. 8)


_________________
Laughter is the best medicine. Age-appropriate behaviour is an arbitrary NT social construct.
Don't tell me white lies. Gaslight me at your peril. Don't give me your bad attitude. Hypnosis, psychosis. Tomarto, tomayto. There are *4* lights. Honey badger.
If I'm so bad, pass me by. ;)


And one more thing,


"A stranger is a friend gang-stalker you haven't met yet." Humour is not meant to be taken seriously, yet many pervert its intent.
Truth may be inconvenient but it is never politically incorrect...The Oracle of Truth has spoken...8)


I luv KFC!