He Coalition agreement Conservative Political Association CDU/CSU and Central Left Social Democrats in the 144 -page German government signed last week Esposa activities to address “false information” And “the influence of the elections in the elections” quoted “citing the severe threats to our democracy.”
This move comes in the midst of a growing concern in Europe The impact of election misinformationAnd after a series of conflicts between Washington and Berlin around the freedom of expression and democratic policies.
Before the German elections in February, Elon MuskTrump’s friendly and technical principal tried Support the Alternative Ultra -Right to Germany (AFD)When JD Wans He was strongly criticized for suppressing freedom of expression in Europe at the Munik Security Conference.
From then, the US Secretary of State Marco Rubio accuses Germany of “disguised tyranny” After the German Intelligence Agency named the AFD “extreme right” party, then an end is suspended.
Now,, Conservative commentators They accuse the new German government of being an introduction “Lies“Due to a phrase Coalition agreement Says between CDU/CSU and SPD: “Deliberately spreading false statements about facts is not hidden by freedom of expression”.
Without changes in the guarantees of freedom of expression
But two legal experts have said that this juice of the coalition agreement Nothing is not referred to anything new This is in line with the protection of freedom of expression provided by German law. “This phrase (…) is based on the judiciary of the German Constitutional Court, so this is not new,” according to reports from Professor Matias Pecker and Mainin Cutberg University.
Although the 5th section German constitution. Liberty.
“This is always due to the Constitution.
He German Verification portal of the right facts He pointed out that the Federal Constitutional Court had already ruled in 1982 Notifications that cannot be considering the mind will not be automatically protectedEspecially when it comes to “statements of proven or false facts.”
It has been confirmed in many cases since then The verdict of the federal constitution of 2012 It decided that the German basic law was “proven or consciously misrepresenting the safety”.
“There are limits for freedom of expression”
Federal Affairs, Europeans, Media Minister of the International and Northwestern Media, Nathan Liminski, was part of the Task Force Medium theory In the coalition agreement, he stated that he had written to strengthen the struggle against false information at the European level, federal level and state level. “
“We have a tradition that does not exempt freedom from responsibility. This means that there are limits to independence. At least in our European freedom of expression, it is always responsible, which means that there are limits to freedom of expression, ”Minister Liminski said,” He is against the chancellor and denied Holocost as a firm examples of those limits.
Experts protect the protection of freedom of expression
Reports are very rare for cases outside the defense of freedom of expression. Professor Becker said, “Whenever doubt, it is within the limits of freedom of expression,” said everything that is outside the border of freedom of expression “Adjust to the principle of proportional”.
Although a statement is not protected by basic law, it does not mean that it is prohibited by law or punishable. However, Spreading false statements may sue When used To make fraud or slander o Encourage hateSuch false statements especially because they try against a person’s property or fundamental rights.
He The editor of a media Intense right -wing contact Parallel with AFD Was Recently sentenced to seven months imprisonment In the suspense of spreading on social networks, the misconception of former Home Minister Nancy Faser All sides The political spectrum and the fall of freedom of expression raised concern.
According to Professor Packer, it is very difficult to define when these violations come with DInformation in an election environmentBecause they are associated with “democratic ideas” and “collective materials”.
Berlin’s statements that a “ministry of truth” are unfounded
The commentators have confirmed that the new government will establish an invitation “Ministry of Truth” “Define the truth in front of the lie.” There is no foundation in this statement. In fact, the Coalition Agreement states that “the NGOs of the media can act against informed manipulation, as well as against hatred and stimulation, on the basis of protection of freedom of expression and clear legal guidelines.”
This point indicates 14 independent state officials The media in GermanyThey are departed from the government and are organized at the level of the federal state.
European Affairs Commissioner of the German Media Officers (DLM) Conference said Tobayas Schmid Eurovarfie said, “It is important to take into account it This coalition contract is a political announcement, not a law“.
“We are part of the administrative power. Of course, the binding area is not law and some political ideas,” he added. “But besides this, I think this alliance deals with it effectively There is a clear approach to the misinformation question Protect freedom in general in the media. “
EU Digital Terms
The text of the Alliance Agreement establishes it ”Handling Techniques must be prohibited Used as a formal The mass and integrated use of bots y Incorrect accounts“. According to Professor Packer “Justified, Whenever it was provided” A solid difference is made to identify the bots used in a manipulative way.
However, Professor Muller-Derbits said it would be A “soft issue”He also said, “The federation has no intention of accepting a law that determines such a barrier.”
Minister Liminski suggested that such a ban could be considered a new “growth” as a wide range of EU Digital TermsThe Digital Services Act. “We have added the most specific projects in the contract. For example, the central government begins with efforts to improve the digital services law that fights the massive application Incorrect Bots AccountsFor example, “Liminski explained.” We have to fight against this, because he is distorting public space, ”he added.