Tuesday, October 31, 2017


GERMANY TAKES DOWN TROLLS BY TARGETING SOCIAL MEDIA COMPANIES

There is no law in the US which provides immunity to social media companies.  Years ago the 9th Circuit Court of Appeals in an act of judicial activism found the federal law provides immunity to social media platforms. Other circuits expressly found that they could find no support in the law for the 9th circuits ruling but adopted it anyway to avoid a split in the circuits, and under a belief Congress would add the immunity anyway.

There are currently numerous laws pending in Congress to end the judicially created immunity for the social media platforms.  There is both Republican and Democratic support for holding the platforms accountable for defamation and other torts if they refuse to shut down offending pages.

GERMANY EFFECTIVE OCTOBER 1, SET WHAT WILL BECOME THE INTERNATIONAL STANDARD

"Under the measure — touted by many as the toughest law of its kind in the Western world — social media companies that have at least 2 million users in Germany, including Facebook, Google and Twitter, can be fined as much as 50 million euros ($58.3 million) if they fail to delete comments and posts that are deemed to violate German law. In clear-cut cases, the time that the platforms have to remove the offending material can be as little as 24 hours."

Source NPR

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