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Volume 42, Issue 4

Nuts About NETZ: The Network Enforcement Act and Freedom of Expression

In the wake of scandals about the radicalization of hate groups online, Germany passed the Network Enforcement Act (“NetzDG”) to prevent hate speech online. In the months after NetzDG went into effect, social media platforms began engaging in overcorrection of hate speech online. This includes censorship and a new commitment to adhering to the strictest speech laws. In response, German and global citizens alike have answered with backlash against the rise of censorship in Europe. Despite this, Germany continues to stand by its laws as a steadfast protection of the rights and dignity of the German people. The conflict of these protections finds itself in the International Covenant on Civil and Political Rights, particularly Article 19. The Human Rights Council has called into question NetzDG, arguing that the measure violates the freedom of expression. This Note will review the Network Enforcement Act for violations of freedom of expression law. After thorough analysis, this Note will suggest remedies to correct any potential violations.

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Recommended Citation

Rebecca Zipursky, Nuts About NETZ: The Network Enforcement Act and Freedom of Expression, 42 Fordham Int'l L.J. 1325 (2019). 
Available at: https://ir.lawnet.fordham.edu/ilj/vol42/iss4/7