Pregledni rad
Abuse of social networks in public incitement to violence and hatred and in the spreading of false news: the need for the transposition of the German Act on Improving Law Enforcement on Social Networks?
Sunčana Roksandić Vidlička
; Pravni fakultet, Sveučilište u Zagrebu, Zagreb, Hrvatska
Krešimir Mamić
; Ravnateljstvo policije, Ministarstvo unutarnjih poslova, Zagreb, Hrvatska
Sažetak
Freedom of expression, as one of the fundamental human rights, has reached full scope only with the mass phenomena of the internet and social networks. The internet as a medium enables simultaneous data exchange with an unlimited number of users in real time, which no information technology in history has accomplished at the same level. Due to its numerous advantages, the internet has become a favourite tool for exchanging unwanted or illegal content and for unlawful conduct, which has also propelled the development of new scientifi c areas of study in the fight against such conduct, colloquially referred to as cyber security and cybercrime. Unlike many other forms of unlawful conduct on the internet, spreading hate speech and false news on social networks rarely receives an adequate form of social response, due to the lack of harmonised regulations.
Croatian criminal legislation addresses hate speech on the internet through the criminal offence called "Public incitement to violence and hatred" (Article 325 of the Criminal Code), which does not regulate specifi cally when social networks are liable for the spreading of such content.
Despite the increased awareness raised in broader international circles, a common framework to standardise the accountability of social networks for the content spreading via their platforms has not yet been established. Moreover, EU legislation, adopted at a time when the
internet and social networks were not yet playing such an important role in creating public opinion, protects social networks from such accountability. Nevertheless, certain countries, aware of the moment and the importance of a normative breakthrough, have embarked upon
the adoption of national regulatory frameworks in this area.
The author’s objective is to investigate whether there is a need for national standardisation regarding the issue of the accountability of social networks for the hate speech made by users on their platforms. For research purposes, the authors analysed studies conducted worldwide, collected data from the Ministry of the Interior and evaluated the available data from State authorities. They also analysed national and EU legislation, including the German Act to Improve Enforcement of the Law on Social Networks, and they examined domestic and international literature.
Following the analysis, the authors concluded that it was necessary to adopt special legislation to regulate the accountability of social networks for the content published by their users. Only the adoption of such special legislation would allow the prosecution of social networks for the content of their users in accordance with the provisions of Article 325 of the Criminal Code. Social networks would violate the provisions of such special legislation regulating the issue of their liability if they failed to take action; for example, if they did not monitor the content and did not take down illegal content. The authors suggest that such regulation be modelled on the German Act to Improve Enforcement of the Law on Social Networks, while taking into account the need to acknowledge all the specifi cities of the national framework of criminal law.
Ključne riječi
social networks; spreading of false news; freedom of expression; obvious incitement to violence and hatred; EU legislation; Act to Improve Enforcement of the Law on Social Networks
Hrčak ID:
218951
URI
Datum izdavanja:
12.12.2018.
Posjeta: 4.407 *