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Germany tightens online hate speech rules to make platforms send reports straight to the feds

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While a French online hate speech law has just been derailed by the country’s top constitutional authority on freedom of expression grounds, Germany is beefing up hate speech rules — passing a provision that will require platforms to send suspected criminal content directly to the Federal police at the point it’s reported by a user.

The move is part of a wider push by the German government to tackle a rise in right wing extremism and hate crime — which it links to the spread of hate speech online.

Germany’s existing Network Enforcement Act (aka the NetzDG law) came into force in the country in 2017, putting an obligation on social network platforms to remote hate speech within set deadlines as tight as 24 hours for easy cases — with fines of up to €50M should they fail to comply.

Yesterday the parliament passed a reform which extends NetzDG by placing a reporting obligation on platforms which requires them to report certain types of “criminal content” to the Federal Criminal Police Office.

A wider reform of the NetzDG law remains ongoing in parallel, that’s intended to bolster user rights and transparency, including by simplifying user notifications and making it easier for people to object to content removals and have successfully appealed content restored, among other tweaks. Broader transparency reporting requirements are also looming for platforms.

The NetzDG law has always been controversial, with critics warning from the get go that it would lead to restrictions on freedom of expression by incentivizing platforms to remove content rather than risk a fine. (Aka, the risk of ‘overblocking’.) In 2018 Human Rights Watch dubbed it a flawed law — critiquing it for being “vague, overbroad, and turn[ing] private companies into overzealous censors to avoid steep fines, leaving users with no judicial oversight or right to appeal”.

The latest change to hate speech rules is no less controversial: Now the concern is that social media giants are being co-opted to help the state build massive databases on citizens without robust legal justification.

A number of amendments to the latest legal reform were rejected, including one tabled by the Greens which would have prevented the personal data of the authors of reported social media posts from being automatically sent to the police.

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The political party is concerned about the risk of the new reporting obligation being abused — resulting in data on citizens who have not in fact posted any criminal content ending up with the police.

It also argues there are only weak notification requirements to inform authors of flagged posts that their data has been passed to the police, among sundry other criticisms.

The party had proposed that only the post’s content would be transmitted directly to police who would have been able to request associated personal data from the platform should there be a genuine need to investigate a particular piece of content.

The German government’s reform of hate speech law follows the 2019 murder of a pro-refugee politician, Walter Lübcke, by neo nazis — which it said was preceded by targeted threats and hate speech online.

Earlier this month police staged raids on 40 hate speech suspects across a number of states who are accused of posting “criminally relevant comments” about Lübcke, per national media.

The government also argues that hate speech online has a chilling effect on free speech and a deleterious impact on democracy by intimidating those it targets — meaning they’re unable to freely express themselves or participate without fear in society.

At the pan-EU level, the European Commission has been pressing platforms to improve their reporting around hate speech takedowns for a number of years, after tech firms signed up to voluntary EU Code of Conduct on hate speech.

It is also now consulting on wider changes to platform rules and governance — under a forthcoming Digital Services Act which will consider how much liability tech giants should face for content they’re fencing.

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Google December Product Reviews Update Affects More Than English Language Sites? via @sejournal, @martinibuster

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Google’s Product Reviews update was announced to be rolling out to the English language. No mention was made as to if or when it would roll out to other languages. Mueller answered a question as to whether it is rolling out to other languages.

Google December 2021 Product Reviews Update

On December 1, 2021, Google announced on Twitter that a Product Review update would be rolling out that would focus on English language web pages.

The focus of the update was for improving the quality of reviews shown in Google search, specifically targeting review sites.

A Googler tweeted a description of the kinds of sites that would be targeted for demotion in the search rankings:

“Mainly relevant to sites that post articles reviewing products.

Think of sites like “best TVs under $200″.com.

Goal is to improve the quality and usefulness of reviews we show users.”

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Google also published a blog post with more guidance on the product review update that introduced two new best practices that Google’s algorithm would be looking for.

The first best practice was a requirement of evidence that a product was actually handled and reviewed.

The second best practice was to provide links to more than one place that a user could purchase the product.

The Twitter announcement stated that it was rolling out to English language websites. The blog post did not mention what languages it was rolling out to nor did the blog post specify that the product review update was limited to the English language.

Google’s Mueller Thinking About Product Reviews Update

Screenshot of Google's John Mueller trying to recall if December Product Review Update affects more than the English language

Screenshot of Google's John Mueller trying to recall if December Product Review Update affects more than the English language

Product Review Update Targets More Languages?

The person asking the question was rightly under the impression that the product review update only affected English language search results.

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But he asserted that he was seeing search volatility in the German language that appears to be related to Google’s December 2021 Product Review Update.

This is his question:

“I was seeing some movements in German search as well.

So I was wondering if there could also be an effect on websites in other languages by this product reviews update… because we had lots of movement and volatility in the last weeks.

…My question is, is it possible that the product reviews update affects other sites as well?”

John Mueller answered:

“I don’t know… like other languages?

My assumption was this was global and and across all languages.

But I don’t know what we announced in the blog post specifically.

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But usually we try to push the engineering team to make a decision on that so that we can document it properly in the blog post.

I don’t know if that happened with the product reviews update. I don’t recall the complete blog post.

But it’s… from my point of view it seems like something that we could be doing in multiple languages and wouldn’t be tied to English.

And even if it were English initially, it feels like something that is relevant across the board, and we should try to find ways to roll that out to other languages over time as well.

So I’m not particularly surprised that you see changes in Germany.

But I also don’t know what we actually announced with regards to the locations and languages that are involved.”

Does Product Reviews Update Affect More Languages?

While the tweeted announcement specified that the product reviews update was limited to the English language the official blog post did not mention any such limitations.

Google’s John Mueller offered his opinion that the product reviews update is something that Google could do in multiple languages.

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One must wonder if the tweet was meant to communicate that the update was rolling out first in English and subsequently to other languages.

It’s unclear if the product reviews update was rolled out globally to more languages. Hopefully Google will clarify this soon.

Citations

Google Blog Post About Product Reviews Update

Product reviews update and your site

Google’s New Product Reviews Guidelines

Write high quality product reviews

John Mueller Discusses If Product Reviews Update Is Global

Watch Mueller answer the question at the 14:00 Minute Mark

[embedded content]

Searchenginejournal.com

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