Has Twitter colluded with the Federal Ministry of Justice? This allegation is currently in the room. This is about compliance with the Network Enforcement Act, which the network apparently wants to circumvent.
The Network Enforcement Act (NetzDG) has now been in force for more than five years. The law with the somewhat unwieldy name is primarily intended to curb the spread of hate speech on large Internet platforms such as Facebook and Co.
The NetzDG obliges the operators, among other things, to check the content on their platforms and to remove illegal content within a reasonable time frame.
But whether all platforms in Germany really stick to it is questionable. Because there is an allegation that Twitter has made a secret agreement with the Federal Ministry of Justice.
Twitter: Are there any agreements with the Department of Justice?
The accusation comes from the lawyer Chan-jo Jun, who is currently representing a person affected before the district court in Frankfurt am Main. He tweeted part of a statement from the company revealing the “alleged deal.”
Twitter’s lawyers have just responded to our 5 p.m. briefing and our worst suspicions are confirmed. Twitter has with @bmj_bund, @Marco Buschmann allegedly made a deal that Twitter does not have to observe § 3b NetzDG (reciprocation procedure). pic.twitter.com/zXV5yoT4yr
— Chan-jo Jun (@Anwalt_Jun) November 23, 2022
This is about paragraphs 3a and 3b of the NetzDG. According to the statement, Twitter would have “no obligations” under these paragraphs. The reason is an agreement with the Federal Republic of Germany. This would have assured the group that the Federal Ministry of Justice “will not order any measures against Twitter International”.
This agreement applies until the administrative court in Cologne has made a decision in a lawsuit by Twitter against the NetzDG. A spokeswoman for the Federal Ministry of Justice has this compared to the mirror approved. There is currently “a so-called standstill agreement between Twitter and the ministry”. This was suggested by the court and is common in such an urgent procedure.
The competent Federal Office of Justice (BfJ) will refrain from enforcing the obligations under the NetzDG against Twitter until the court has made a decision in the summary proceedings.
The trial before the regional court in Frankfurt am Main
This agreement came to light in the course of a lawsuit brought by the Baden-Württemberg anti-Semitism commissioner Michael Blume. Because he has filed a lawsuit against the short message service before the district court in Frankfurt am Main. He is represented by the lawyer Chan-jo Jun and by the affected organization Hate Aid supports.
According to a statement by Hate Aid, Blume is “exposed to massive attacks”. “False allegations about him” were repeatedly spread on the platform.
Although the 46 defamatory tweets were reported several times and even with legal support, Twitter left almost all of them online in blatant disregard of the legal situation.
The account responsible was only blocked a week later. Only then did the “slanderous comments” disappear from the platform.
Blume and Hate Aid are now demanding that the defamation “be removed immediately and may not be reproduced in the future either”.
It is primarily about “core content” that the short message service would then have to track down and delete independently without prior notification from users.
Elon Musk wants to unlock even more banned accounts
After a dubious survey and the activation of Donald Trump’s account, more are to follow. Because in a new survey, the new owner of the short message service has now asked “the people” again.
Should Twitter offer a general amnesty for suspended accounts, provided they haven’t broken the law or engaged in egregious spamming?
With more than 72 percent, the majority of users in the survey spoke out in favor of it.
Should Twitter offer a general amnesty to suspended accounts, provided that they have not broken the law or engaged in egregious spam?
— Elon Musk (@elonmusk) November 23, 2022
Elon Musk therefore wants to start his “general amnesty” next week. Because “the people” have spoken.