Home > 2.9 Electoral offences and sanctions > Joint Report of the Venice Commission and of the Directorate of Information Society and Action Against Crime of the Directorate General of Human Rights and Rule of Law - On Digital Technologies and Elections
 
 
 
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Paragraph 99
 

Several States have recently adopted – or are planning to adopt – legislation to regulate online content and to counter politically loaded disinformation in their elections. Germany acted first by obliging internet intermediaries (such as Facebook, Instagram, Twitter or YouTube) to promptly remove upon complaint any illegal content designated as such in the Criminal Code; obviously illegal content must be blocked or deleted within 24 hours. Offences range from hate speech and certain defamatory offences to content amounting to a threat to the constitutional order or national security, etc., which can have a direct impact on public debate and opinion especially during times of elections (the law is a general one, it is not specific to electoral campaigns). The Network Enforcement Act which took effect in the beginning of 2018 provides for fines up to € 50 million, which are applicable even if the offence was not committed in Germany.