Where Online Hate Speech Can Bring the Police to Your Door

It's Germany, which obviously has good justification for suppressing online right-wing extremism.

At the New York Times, "Battling far-right extremism, Germany has gone further than any other Western democracy to prosecute individuals for what they say online, testing the limits of free speech on the internet":

When the police pounded the door before dawn at a home in northwest Germany, a bleary-eyed young man in his boxer shorts answered. The officers asked for his father, who was at work.

They told him that his 51-year-old father was accused of violating laws against online hate speech, insults and misinformation. He had shared an image on Facebook with an inflammatory statement about immigration falsely attributed to a German politician. “Just because someone rapes, robs or is a serious criminal is not a reason for deportation,” the fake remark said.

The police then scoured the home for about 30 minutes, seizing a laptop and tablet as evidence, prosecutors said.

At that exact moment in March, a similar scene was playing out at about 100 other homes across Germany, part of a coordinated nationwide crackdown that continues to this day. After sharing images circulating on Facebook that carried a fake statement, the perpetrators had devices confiscated and some were fined.

“We are making it clear that anyone who posts hate messages must expect the police to be at the front door afterward,” Holger Münch, the head of the Federal Criminal Police Office, said after the March raids.

Hate speech, extremism, misogyny and misinformation are well-known byproducts of the internet. But the people behind the most toxic online behavior typically avoid any personal major real-world consequences. Most Western democracies like the United States have avoided policing the internet because of free speech rights, leaving a sea of slurs, targeted harassment and tweets telling public figures they’d be better off dead. At most, Facebook, YouTube or Twitter remove a post or suspend their account.

But over the past several years, Germany has forged another path, criminally prosecuting people for online hate speech.

German authorities have brought charges for insults, threats and harassment. The police have raided homes, confiscated electronics and brought people in for questioning. Judges have enforced fines worth thousands of dollars each and, in some cases, sent offenders to jail. The threat of prosecution, they believe, will not eradicate hate online, but push some of the worst behavior back into the shadows.

In doing so, they have flipped inside out what, to American ears, it means to protect free speech. The authorities in Germany argue that they are encouraging and defending free speech by providing a space where people can share opinions without fear of being attacked or abused.

“There has to be a line you cannot cross,” said Svenja Meininghaus, a state prosecutor who attended the raid of the father’s house. “There has to be consequences.”

But even in Germany, a country where the stain of Nazism drives a belief that free speech is not absolute, the crackdown is generating fierce debate:

How far is too far?

A Turning Point

Walter Lübcke was a well-liked if unassuming local politician in the central German state of Hesse. He was known among constituents more for his advocacy of wind turbines and a bigger airport than provocation. But as a supporter of then-Chancellor Angela Merkel’s immigration policies, he became a regular target of online abuse after a 2015 video of him had circulated in far-right circles. In the video, he suggested to a local audience that anyone who did not support taking in refugees could leave Germany themselves.

In June 2019, he was shot and killed by a neo-Nazi on the terrace of his house at close range, shocking the public to the depths of far-right extremism in the country and how online hate could lead to grave real-world violence.

Publicly displaying swastikas and other Nazi symbolism is illegal in Germany, as is denying or diminishing the significance of the Holocaust. Remarks considered to be inciting hatred are punishable with jail time. It is a crime to insult somebody in public.

But authorities struggled to translate the speech laws to the internet age, where the volume of toxicity is seemingly endless and often masked by anonymity.

At first, policymakers in Germany attempted to put more pressure on internet companies like Facebook to crack down. In 2017, the country passed a landmark law, the Network Enforcement Act, that forced Facebook and others to take down hate speech in as little as 24 hours of being notified or face fines.

Companies beefed up their content moderation efforts to comply, but many German policymakers said the law did not go far enough because it targeted companies rather than the individuals who were posting vile content. Hate speech and online abuse continued to spread after the law passed, as did the rise in far-right extremism.

The assassination of Mr. Lübcke represented a turning point, intensifying efforts to prosecute people who broke the speech laws online. And in the last year, the government adopted rules that made it easier to arrest those who target public figures online.

Daniel Holznagel, a former Justice Ministry official who helped draft the internet enforcement laws passed in 2017, compared the crackdown to going after copyright violators. He said people stopped illegally downloading music and movies as much after authorities began issuing fines and legal warnings.

“You can’t prosecute everyone, but it will have a big effect if you show that prosecution is possible,” said Mr. Holznagel, who is now a judge...