this post was submitted on 13 Jun 2023
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Apparently there's an issue with some instances banning users for criticizing authoritarian governments. Is lemmy.world a safe place to criticize governments?

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[โ€“] EndOfLine@lemmy.world 5 points 1 year ago* (last edited 1 year ago) (1 children)

Doesn't Germany have laws against certain hate speech? Would those laws apply to lemmy.world and it's hosted content?

[โ€“] chillhelm@lemmy.world 20 points 1 year ago (1 children)

[IANAL] In Germany only specific types of hate speech are criminal. These are:

  • Use of Nazi symbols and slogans for other than artistic or educational purposes (things like the Swastika, the SS logo, or the Nazi salute, but not more modern versions like the "white power" guesture and similar)
  • Direct calls for violence against groups or individuals
  • Denying that the Holocaust happened or trivializing it's extend

Other forms of hate speech might be cause for civil suits or may oblige the platform provider to remove your speech, but do not rise to a criminal offence.

Again: I am not a lawyer.

[โ€“] GarbageShootAlt@lemmygrad.ml 9 points 1 year ago* (last edited 1 year ago) (1 children)

Also this only really applies to German citizens. We saw a recent study in this when a Ukrainian diplomat went on a German podcast and denied part of the Holocaust, and no criminal proceeding followed (consistent with established law). I think the platform itself was fine because the host firmly pushed back on it with historical evidence instead of idly platforming him, though he was still allowed to express his views to his content.

[โ€“] AgentGoldfish@lemmy.world 3 points 1 year ago

You can't cite a diplomat not being punished as an example of a law only applying to German citizens.

Diplomats almost always have extra protections compared to regular residents.