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Hate Speech A Public Health Problem, Law Moves Forward

Profligate hate speech has evil consequences, all well understood. Dehumanizing others starts with insults, reducing empathy, and can lead to violence. Controlling it in the public arena requires consensus, more and more in short supply. Lawmakers under pressure for visible measures are calling out evil-doers carefully.

garbage inA draft law to bring some control over hate speech on social media platforms and search engines passed the French National Assembly last week (July 5). If it moves forward in the French Senate Facebook, Twitter et.al. would be required to set-up a notification process for users to point out hate speech. Thereafter, removal of the “clearly illicit” content would be mandated within a day. Platforms failing to perform either or both of these tasks would be fined up to 4% of their global revenues.

"What is not tolerated on the street should not be tolerated on the internet," said National Assembly member and author of the draft law Laetitia Avia, quoted by Reuters (July 5). Social media platform Facebook was blistered, again, after the murderer of 51 people in Christchurch, New Zealand live-streamed the heinous act. President Emmanuel Macron signed on to New Zealand Prime Minister Jacenda Ardern’s Christchurch Call to Action in May. The internet “is the first place where hate speech is expressed today,” said Mme Avia, quoted by RFI (July 1). (See ore about hate speech here)

“Our will is very clear,” said Parliamentary Undersecretary for Digital Economy Cédric O, quoted by Nice Matin (July 5). “To drastically lower the level of online hate, which has become a public health problem. We have an obligation, even if we are humble: to date no country in the world has managed to put something effective in place.”

The draft French law is similar to the German law passed two years ago. NetzDG requires social media platforms with over two million members to provide “a comprehensive” complaints procedure with removal within a day or, if “complex,” maybe a week. The fine for non-compliance is capped at €50 million.

“The lack of concern most social media platforms have exhibited towards reining in racist and hateful content has left authorities and politicians searching for ways to get hateful speech offline,” noted German international broadcaster Deutsche Welle (June 6). The German Federal Criminal Police (BKA) has conducted raids to shutdown right-wing extremist social media operations. The administrator of one was identified as associating with the xenophobic far-right Alternative for Germany (AfD) political party.

In some quarters - largely, but not exclusively right-wing - clamping down on hate speech puts unwarranted restrictions on free speech. The draft law “carries a seed of certain danger for civil liberties, freedom of expression,” said National Rally (RN) spokesperson Sébastien Chenu, quoted by France24 (July 3). “A number of private operators in order to avoid financial penalties might want to censor, or otherwise be zealous with regard to freedom of expression, to be exploited by groups of influence, lobbies.” Formerly known as National Front, RN is the right-wing populist party of Marine Le Pen, who was charged last year for posting on Twitter “violent messages that incite terrorism or pornography or seriously harm human dignity.”


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