Experts discuss fundamental rights on the net in Bonn How online hate undermines freedom of expression
Bonn · Hate is commonplace on the internet. Unfortunately. Data Protection Commissioner Ulrich Kelber discusses with guests what can be done about it with rules hidden behind the word monstrosity Network Enforcement Act.
The internet is not a lawless space. Even in the virtual world, paragraphs and the articles of the Basic Law apply. No wonder, then, that on Monday evening at the expert forum in Bonn's Leoninum on the occasion of this year's Fundamental Rights Day, the opening words were "Welcome to the city of the Fundamental Law". This was fitting for the mission of the Federal Commissioner for Data Protection and Freedom of Information, Ulrich Kelber. And Kelber describes it like this: "We see ourselves as a fundamental rights authority that sees itself as a defender and enforcer of fundamental rights, also in the digital space." What sounds abstract is therefore close to you, to hate on the net, the topic of the evening.
Women as targets
According to Kelber, the targets of this hatred include women, religious minorities and the LGBTQ community. "Safeguarding fundamental rights and enforcing them where they are in danger of being lost is a challenge," he finds. To this end, the issue of hate speech must be brought more into focus, he said, because it is precisely on the internet that people are vulnerable and it is difficult to defend oneself against hostility.
The President of the Federal Office of Justice, Veronika Keller-Engels, favours more specific legal regulations: "The Network Enforcement Act is the basis for an effective fight against hate speech. It is the basis, among other things, for the implementation of fine procedures in the case of violations, and thus also has a repressive character. She describes her authority as a "danger prevention authority", so it also acts preventively. "We check every reported case to see if it is a criminal offence." To do this, she says, her authority is also dependent on the cooperation of the population.
Prosecution is not enough
Markus Hartman, a lawyer from Cologne, is the head of ZAC NRW, the Central and Contact Point Cybercrime, which deals with cybercrime. "In hardly any other field do we have so many discussions and changes," says Hartmann. In his view, however, law enforcement alone will not solve the problem. For those affected sometimes do not find it easy to file charges in view of the bureaucratic hurdles. "In the meantime, samples can be filled out for criminal complaints," says Hartmann. He demands: "The public prosecutor's offices must become more accessible to those affected.“
"Human rights also apply digitally" was the title of the lecture by Anna-Lena von Hodenberg, managing director and founder of the organisation HateAid, which was founded in 2018 and is a nationwide counselling centre for victims. "We encourage affected people to fight back," von Hodenberg said. HateAid finances civil lawsuits. So far, about 3000 victims have been counseled and 450 criminal charges have been filed. "Hate speech has a disturbing and frightening effect," she said. And moreover, it is not uncommon: "Digital hate is unfortunately part of the reality of our lives.“
Half of users become victims
Which she can back up with figures: 76 per cent of internet users say they have already witnessed hate on the net. 50 per cent of 18- to 35-year-olds have been victims of hate on the net themselves. "This is not a marginal phenomenon," says von Hodenberg. Freedom of expression, and with it democracy, is coming under pressure. Because hatred on the net leads to people no longer daring to speak their mind. This also applies to professionals: even journalists do not dare to address certain topics for fear of being attacked, branded or threatened online. Many mayors and politicians also feel this way.
The office of the Federal Commissioner for Data Protection and Freedom of Information (BfDI), which is based in Bonn-Castell, had organised the event, streamed it on the internet and recorded it. The recording is available on the internet at www.bfdi.bund.de.
(Original text: Stefan János Wágner; Translation: Mareike Graepel)
