JUSTICE - No. 66

36 No. 66 JUSTICE As a result, the German government passed in 2017 the Network Enforcement Act (Netzwerkdurchsetzungsgesetz) to more effectively combat the abuses described above. II. Content of the German 2017 Network Enforcement Act (NetzDG) The NetzDG (Netzwerkdurchsetzungsgesetz) represents a novelty in the international context, as it assigns private-law organized internet platforms the task of reviewing and deleting criminal posts — a task that is actually the responsibility of law enforcement agencies. The main aim of the NetzDG is to give users of social networks more opportunities to defend themselves against hostility and incitement on the internet. 14 To achieve this, the NetzDG obliges the operators of social networks such as Facebook, Twitter and Instagram to set up and maintain an effective and transparent procedure through which users can report complaints about illegal content. In addition, if operators receive more than 100 complaints a year, they will be required to publish a report on their review of the complaints every six months. The law provides for a fine of up to five million Euros if social networks fail to comply with these requirements. We now turn to an explanation of the structure of the law. Paragraph 1 NetzDG The first paragraph of the law serves to clarify the scope of application. The law is intended to apply only to telemedia service providers who operate platforms on the internet with the intention of making a profit and are intended for users to share any content with other users or make it accessible to the public (social networks). Platforms with journalistic-editorial content for which the service provider itself is responsible, as well as platforms intended for individual communication or the dissemination of specific content, are excluded. To prevent small internet platforms from being overloaded, the NetzDG also stipulates that only those platforms with more than two million registered users are covered by the regulatory content of the law. The target audience of the law are therefore the so-called“big players” such as Facebook, Twitter and YouTube. In addition, the underlying StGB specifies the criminal offenses for which the social networks are mandated to carry out deletions. This concrete list of the elements of crime covered is intended to relieve the platforms of an all-encompassing legal check of the posts for any conduct that is punishable in Germany, while at the same time specifying the thrust of the law; a more precise examination is to be ensured through the exact targeting of specific offences. Paragraph 2 NetzDG The second paragraph obliges the operators of social networks, if they receive more than 100 complaints per year from their users about illegal posts, to publish a report every six months on how they deal with these complaints. This includes a detailed specification of what the report must minimally contain. This is an opportunity for the authorities to check whether the operators are conscientiously complying with their obligations under the NetzDG. In addition, such reports from the major networks provide a good starting point for analyzing the tenor as well as the manner of discussion held on the internet and thus enable an assessment of the extent to which the legislature might in the future need to take action beyond the NetzDG. Paragraph 3 NetzDG The third paragraph addresses how operators deal with user complaints. It specifies that an effective and transparent mechanism must be instituted, and commits to supplying users with such a procedure for submitting complaints about unlawful content. The operator must also guarantee that such a report will be examined without delay. In the event of a report, the operator of the social network must furthermore immediately examine whether the content reported in the complaint is illegal and must therefore be removed or access to it must be blocked. If the content is“obviously illegal,” the post must be deleted within 24 hours, or in less clear-cut cases, after seven days. Regardless of whether the reported post is deleted or contains no illegal content and therefore remains online, the operator must inform both the complainant and the author of the post of its actions. Paragraph 4 NetzDG If an operator fails to comply with the requirements of the NetzDG, Paragraph 4 stipulates a fine of up to five million Euros. Furthermore, each operator must also identify a domestic authorized representative for service on their platform to provide complainants with a concrete contact person at the social networks. 14. Supra note 13, p. 13.