10/19/2015

Is free speech the only problem German Justice Minister Heiko Maas has, or ...

does he also fear an increasing image problem for Germany in the world? Perhaps riots?

The SPIEGEL has a report

Suspected sedition: State prosecutor is investigating Facebook Manager

Facebook is due to its dealing with hate messages in the criticism. Now determined the prosecution Hamburg to SPIEGEL ONLINE information against three managers of the group - on suspicion of sedition.

Facebooks controversial handling of hate comments could lead to proceedings against representatives of the group. Prosecutors Hamburg determined by information obtained by SPIEGEL ONLINE against three Facebook managers on suspicion of sedition.
Affected are the CEO of Facebook Germany GmbH. A lawyer from Würzburg had shown, among other things because of the intentional facilitation of sedition. The investigation had been received and forwarded files after the first exam to the police, confirmed a spokeswoman for the prosecutor's office.
It's about hate messages that users have published on the social network and are not deleted by Facebook wurden.Das network has long been criticized because it does not consistently take action against incitement, insults and violence Views. In the course of the refugee crisis, complaints have tightened to practice Facebooks.
Multiple authors of Facebook entries were for sedition last convicted. It is new that is now determined to representatives of the group itself.
Affected are, inter alia, the international CFO Facebook in Dublin, Shane Crehan, and two other representatives who are registered in California.They operate in the commercial register as a managing director of Facebook Germany GmbH, which is based in Hamburg.
....

The SPIEGEL is concerned explicitly about this post in bold:

Attorney Jun, however, had the Group submitted on the registration form more than 60 posts, which he considers to inciting, defamatory or calls for violence. Most of them stopped on the grounds that it does not violate the Community Guidelines. Including about this comment to refugee crisis, "Give the security forces finally firearms and shoot these pseudo-refugees." Similar experiences have made numerous users who have reported hate messages on Facebook.

(via Google translate)

Before commenting on this, it might be a good idea for the German Justice Minister to read this piece from 18 months or so ago:

France's censorship demands to Twitter are more dangerous than 'hate speech'


"If only this were still the 18th century! We can't delude ourselves any longer that free speech is the privilege of pure citizens in some perfect Enlightenment salon, where all sides of an argument are heard and the most noble view will naturally rise to the top. Speech now takes place in a digital mixing chamber, in which the most outrageous messages are instantly amplified, with sometimes violent effects . . . 
"We keep thinking that the solution to bad speech is more speech. But even in the widest and most robust network, common sense and liberal-democratic moderation are not going to win the day, and it's foolhardy to imagine that, say, homophobic tweets are best mitigated with gay-friendly ones.
"Digital speech is new territory, and it calls for fresh thinking, not the mindless reapplication of centuries-out-of-date principles that equate a smartphone to a Gutenberg press. As Vallaud-Belkacem notes, homophobic violence – 'verbal and otherwise' – is the No 1 cause of suicide among French teenagers. In the face of an epidemic like that, free speech absolutism rings a little hollow, and keeping a hateful hashtag from popping up is not exactly the same as book-burning."

Before getting to the merits of all this, I must say: I simply do not understand how someone who decides to become a journalist then devotes his energy to urging that the government be empowered to ban and criminalize certain ideas and imprison those who express them. Of all people who would want the state empowered to criminalize ideas, wouldn't you think people who enter journalism would be the last ones advocating that?
The article concludes thus:
Farago replies in comments, here. Most of the responses to him below his comment express the objections I would have: in sum, the notion that you can ban opinions by labeling them "incitement" rather than "ideas" is just semantics and could easily be used to justify any and all forms of censorship. Indeed, as demonstrated above, that's precisely the theory relied upon by autocrats to justify imprisoning their critics: they're not expressing opinions but are engaged in "incitement".
Now let us return to that particular post the SPIEGEL quotes: 
"Give the security forces finally firearms and shoot these pseudo-refugees."
Who is this angry person addressing? Obviously security forces. Whose? It can be assumed the German government's. What is/are the duty/duties of the government's security forces? Exactly, provide security. As everybody knows that can and in some cases does imply force up to the implementation of lethal force.
Is he angry at all refugees? No, only the pseudo ones. Does this idiot incite ordinary citizens to take up arms and go on a rampage? Clearly no. Is he a fucking asshole? Yes! Is he a racist? Excuse me, I did not get the middle part.
This is not the first time Germany has a serious problem with free speech and it just can not get to grips with this AMERICAN internet. This is what it hates. Then the bad image Germany is getting and oh those Canadians dare to put out a travel warning for the east of Germany. As always, the German loves state control. Well, you had oodles of state control 75 year back. Did not turn out so good, did it?
It might be a good idea the German Justice Minister gets used to it. It will get much more violent. However, censorship will not stop that violence and neither will the new EU member Turkey.
The SPIEGEL article then toned everything down:
In the show "Günther Jauch" said Justice Minister Maas on Sunday evening, he would appeal to Facebook, its social responsibility when dealing with incitement to meet. The company did not, however, commit a crime in his eyes.
There you go.

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