Monday, April 5, 2021

Stephan Brandner, March 25, 2021, Freedom of Opinion

German Bundestag, Plenarprotokoll 19/218, pp. 27589-27590.

Herr President. Ladies and gentlemen.

The political hygiene in Germany has deteriorated. It is a deterioration which is related to the cases of corruption in the old parties: Almost daily new cases of insatiable old-party careerists, amounting in the past to dozens of cases. The political hygiene however has also deteriorated where it concerns freedom of opinion, one of our central basic rights. And these two problems we of the AfD take up with our draft law [Drucksache 19/27772].

Quote: “I guarantee the freedom of speech, but not the freedom after the speech.” This statement has been attributed to the African despot Idi Amin. The statement – quote: “ You actually can say anything in Germany. Then sometimes the consequences need to be reckoned with”, originates from an increasingly ineffectual sports moderator of the compulsorily financed German broadcasting.  Both statements or threats are related to the state of freedom of opinion in Germany. This state of freedom of opinion in Germany is bad. It is damned bad.

Our Basic Law in Article 5, paragraph 1 formulates – quote:

Every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures…There shall be no censorship.  

Despite this, how can it thus be that social media are deleted, censored and blocked, that the skin cracks, that even speeches of members of the German Bundestag will be deleted and blocked and that worldwide over 100 million opinions per year, some 20 million in Germany, fall victim to the deletion massacres of Facebook, Twitter, Instagram & Co., the increase of which recently progresses at an exponential rate?

How are these deletion orgies thus to be brought into harmony with the clear constitutional position which I have directly cited with Article 5 of the Basic Law? Quite simply: Our Basic Law binds only the state, and not perchance Facebook & Co. And since our state knows this, it has out-sourced the censorship, that is to say, privatized it. Facebook & Co. gladly participate in this, in any case support, by means of the weight of billions and tax money financing, the rainbow programs of the multi-colored Civil Society, the Amadeu Antonio Foundation and other dubious actors.

“Hate” and “agitation” are the censorship tools of today and yesterday. “Agitation” is presently experiencing a renaissance. One might be acquainted with it from the Gott sei dank downfallen DDR. There was the boycott agitation and the anti-state agitation – ever again gladly used as a vapid fighting term against critical spirits and against the opposition. And “hate” – be it fond of nothing nice – is not forbidden in Germany, particularly as each defines it differently.

Ladies and gentlemen, we of the AfD have recognized this massive censorship and constitutional problem. We want to return to the free roots of the social networks. Originally – we remember back some 15 years – the social networks should serve so as to gather together opinions – without censorship! For that, they received a privilege: They were not liable for what was disseminated on them. Nevertheless, today these networks have developed themselves into a medium of censorship: They intervene massively in the variety of opinion and are no longer platforms. And therefore their liability privilege also is no longer timely.

We thus want that the social media decide for themselves whether they are a platform and permit all; under “all” naturally does not fall what is relevant to criminal law. On the contrary, steps must be taken against that, I think we are all of us agreed. They thus need to decide for themselves: Are they a platform and are to permit all that is not relevant to criminal law, or do they want to be a medium which censors what does not please them, which censors what does not please the state and which only serves to disseminate feel-good phrases?

How do we of the AfD now approach the problem? We propose two changes to §7 of the Tele-media law:

First, a clear decision by social networks: Do they want to be a platform? Then there is the liability privilege. Or do they more want to be a medium? Then there is no longer a liability privilege.

Secondly is put forward that platforms with a market dominant position in the sense of §18 of the GWB [Act against Restraints of Competition] need to delete exclusively what is relevant to criminal law, failing which – and this is also a further innovation – they make themselves obligated for replacement of damages and compensation.

Ladies and gentlemen, with both of these changes, we should all of us succeed in taking a decisive step in the direction of freedom of opinion, thus back to the roots of a free internet. The opinion and censorship massacres must be stopped. Our draft law shows a good way to that and I therefore from here request a vote in favor. And I request that it be noted that I am done five seconds before the time.

Many thanks.

 

[trans: tem]