The internet is not a lawless space. An offline crime is also online a crime. This information is not new. Nevertheless, it does not stop haters from writing insulting, discriminatory or hurtful comments. They run the risk of heavy fines or imprisonment. There is hardly any opposition from other users either. Hate on the internet seemingly became commonplace. Deleting alone is not enough. Visible consequences under criminal law are required.
A young man posts a racist comment on social media. He is reported and sentenced for his statement. He must pay a fine of several thousand euros. If he cannot raise the sum, he will be sent to prison. Cases like this, in which law enforcement is initiated due to comments on the internet, do exist. Nevertheless, the hatred is not diminishing. Many doers lull themselves into a sense of security in the anonymity and speed of the internet. At most, they fear that their comments will be deleted. Neither deterrence nor insight will result from this. For the victims, on the other hand, the only option is often to withdraw from the digital world in order to protect themselves from further attacks.
Is it enough to delete criminal content?
Freedom of opinion is part of our democracy. It ends where the rights of others are violated and laws are
broken, for example in the case of insults, appeals for violence or incitement to racial hatred. The legal situation is
clear and it also applies to the digital world. The German Network Enforcement Act obliges social network operators to take action against criminal content that is reported to them and to delete it.
There is a lot of work to be done. In the first quarter of 2021, Facebook removed over 25 million pieces of hate speech. But often content is deleted without visibility to the person who wrote it or the many people reading along. They simply disappear. No one finds out when legal boundaries have been crossed with a post and criminal proceedings have been initiated. What does it mean for a society when hate content is deleted without further explanation? Does hate also disappear in this way? How can a learning effect and a change of mindset be achieved - even in the long term- among haters, readers or in society?
Initiative "Prosecute instead of just delete" cares for effective law enforcement
In order to send a clear signal against lawlessness and recklessness on the internet, the Initiative "Prosecute instead
of just delete" is active in North Rhine-Westphalia (NRW). It is a cooperation of the ZAC NRW, a Contact Point for
Cybercrime, in collaboration with the Media Authority of NRW, the police and various media houses.
The initiative supports media houses in particular in acting on hate postings and not only deleting them, but also
prosecuting them legally. With simplified procedures for filing a report and legal training, it enables the employees
of various media houses to better recognize and punish legal violations in the comment columns. As they
themselves describe it, "By carefully legally reviewing reported content and distinguishing expressions of opinion
from criminal statements, companies gain legal certainty and diversity of opinion on the Internet is protected." The
number of increasing investigation proceedings is also intended as a preventive deterrent. To date, nearly
1,000 reports have been filed and more than 650 preliminary proceedings initiated.
Look, act and make consequences visible
Whether sanctioning toxic behavior in the digital world is from a social perspective the best thing is certainly open
to debate. It is also debatable whether it leads to an understanding on the part of the doers. Or whether it would
be more effective to emphasize the advantages for the individual and society when diversity of opinion takes place
on the internet.
One thing seems certain: consistent prosecution of criminal content shows clearly that our actions have
consequences, no matter where we act: online as well as offline. The Internet mustn’t become a place in which
hatred is tolerated with impunity and haters lull themselves into a sense of security, while it demands so
much from those affected: from withdrawal from the media world, loss of job, giving up public offices or
honorary positions, to changing residence or school. Hate must never be accepted or tolerated as "normal". We
must all look and act.
