Manifestly illegal content must be deleted within 24 hours of a receiving a complaint, while merely illegal content allows for up to seven days before action must be taken. The most important exception to the seven-day deadline applies if operators refer the decision of whether to delete to an independent body of industry self-regulation.
Such bodies must be setup and funded collectively by social media platform operators and reach independent decisions that the operator accepts as binding. Such bodies are a common feature in the German regulatory landscape and have been setup for instance by the movie, tv, and computer games industries to rate the age appropriateness of content the FSK , FSF and USK respectively. Additionally, NetzDG requires social media platform operators to name an agent in Germany that is responsible for receiving complaints.
A failure to name or lack of response from a responsible agent attracts a fine of up to It is debatable whether it is useful to view NetzDG as an attempt at curbing hate speech on social media. This is largely due to specific criminal law provisions referenced by the statute and the peculiarities these produce. Collectively, the enumerated provisions of the German criminal code simultaneously criminalize more and less than would be encompassed by a generic ban on hate speech.
Hence, the analytical value of hate speech is limited due to the particular criminal provisions NetzDG is based upon. It would be more accurate to say that the statute itself does precious little beyond seeking the removal of content that one cannot already express in public without the risk of criminal prosecution and sanctions.
The law expressly avoids creating new criminal offences and does not, in any real sense, seek to expand existing limitations on freedom of expression in Germany. The fact that one could in the past express many views that constitute incitement to hatred on social media platforms without any real fear of repercussions does not fundamentally alter that conclusion. It is rare for legal system to treat freedom of expression as an absolute right. Most European jurisdictions, including the German Basic Law recognise that there are limits.
As a matter of German constitutional law, it is not clear whether the provision would run afoul of freedom of expression. At this stage it is useful to distinguish two scenarios. In the first scenario, a social media platform operator deletes content that is illegal: Under the German Basic Law, freedom of expression does not cover insults and defamations, or incitement to hatred. To the extent that deletion of the illegal content amounts to an infringement, this is justified as it is provided by provisions of general laws under Article 5 II Basic Law. Moreover, deleting illegal content appears as a measured sanction, given that such statements, when made in offline scenarios, often attract criminal prosecution which may result in fines and prison sentences.
Conversely, in the second scenario the operator deletes content mistakenly deeming it illegal. Here, the issues become more complicated. The German Federal Constitutional Court has recognised that there is a presumption in favour of freedom of expression whenever it is unclear whether the expression is illegal, at least on topics of public interest. Notably, this protection extends to public forums, even where access to them is regulated through private law relationships.
However, NetzDG notably does not require censorship i. If overblocking does take place as a result of NetzDG, then this would indeed be would be problematic under the German Basic Law. Despite their prevalence in legal writing on the subject, concerns that social media platforms will, when in doubt, delete content rather than risk a fine, appear overstated. Overblocking is likely to arise, so goes the argument, due to the structure of the fines that apply to a systematic failure to delete illegal content.
Hence, a prudent social media platform operator would, when in doubt and confronted with a flurry of complaints, delete content that is questionable , rather than risk a fine. With respect to illegal content, the matter is unproblematic from a constitutional perspective. For the reasons stated earlier, social media users do not benefit from protections under freedom of expression for illegal content.
Again, the more problematic scenario arises when the social media platform operator mistakenly deletes legal content. For the user, this represents an infringement of freedom of expression. The snow has been caught up into the sky-- So many white clouds--and the blue of the sky is cold. Now the sun walks in the forest, He touches the bows and stems with his golden fingers; They shiver, and wake from slumber.
Over the barren branches he shakes his yellow curls. Yet is the forest full of the sound of tears A wind dances over the fields. Shrill and clear the sound of her waking laughter, Yet the little blue lakes tremble And the flags of tenderest green bend and quiver. Katherine Mansfield — Da sprach eine Stimme: Da sprang der Laden auf.
Soll ich es wirklich wagen, Die Augen aufzuschlagen? Da gingen mir die Augen auf: Wer nicht besonders auserlesen, Dem macht die Tugend Schwierigkeit. Comment Two Tramps in Mud Time Out of the mud two strangers came And caught me splitting wood in the yard, And one of them put me off my aim By hailing cheerily "Hit them hard! Robert Frost - He is highly regarded for his realistic depictions of rural life and his command of American colloquial speech. His work frequently employed settings from rural life in New England in the early twentieth century, using them to examine complex social and philosophical themes.
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A popular and often-quoted poet, Frost was honored frequently during his lifetime, receiving four Pulitzer Prizes for Poetry. Comment The Mask of Anarchy I. I met Murder on the way- He had a mask like Castlereagh- Very smooth he looked, yet grim; Seven blood-hounds followed him: All were fat; and well they might Be in admirable plight, For one by one, and two by two, He tossed them human hearts to chew Which from his wide cloak he drew. Next came Fraud, and he had on, Like Eldon, an ermined gown; His big tears, for he wept well, Turned to mill-stones as they fell.
And the little children, who Round his feet played to and fro, Thinking every tear a gem, Had their brains knocked out by them. Clothed with the Bible, as with light, And the shadows of the night, Like Sidmouth, next, Hypocrisy On a crocodile rode by. And many more Destructions played In this ghastly masquerade, All disguised, even to the eyes, Like Bishops, lawyers, peers, or spies. In his call for freedom, it is perhaps the first modern statement of the principle of nonviolent resistance http: Sitzt nun am Ofen.
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Liest, was gewesen ist. Springflut und Havarie, Sturm und Lawinen, - gibt es denn niemals Ruh drunten bei ihnen. Schaut den Kalender an. Blickt auf die Erde. Schnee vom vergangenen Jahr blieb nicht der gleiche. Liegt wie ein Bettbezug klein auf der Bleiche. Mustert im Fortgehn noch Weiden und Erlen.
In Baum und Krume regt sich's allenthalben. Durch die glatten kahlen Alleen treibt sein Wehn blasse Schatten und den Duft, den er gebracht, von wo er gekommen seit gestern Nacht. Wege gehen weit ins Land und zeigens. Unvermutet siehst du seines Steigens Ausdruck in dem leeren Baum. Rainer Maria Rilke — Entstanden Comment To Spring O thou with dewy locks, who lookest down Through the clear windows of the morning, turn Thine angel eyes upon our western isle, Which in full choir hails thy approach, O Spring!
Hast du die Schmerzen gelindert Je des Beladenen? Comment Love's Blindness Now do I know that Love is blind, for I Can see no beauty on this beauteous earth, No life, no light, no hopefulness, no mirth, Pleasure nor purpose, when thou art not nigh. Thy absence exiles sunshine from the sky, Seres Spring's maturity, checks Summer's birth, Leaves linnet's pipe as sad as plover's cry, And makes me in abundance find but dearth. But when thy feet flutter the dark, and thou With orient eyes dawnest on my distress, Suddenly sings a bird on every bough, The heavens expand, the earth grows less and less, The ground is buoyant as the ether now, And all looks lovely in thy loveliness.
At five a man fell to the ground And the watch flew off his wrist. Eine Stoppuhr und eine Generalstabskarte. Alles unter den Oliven. Alles unter den Oliven Noch ein Versuch: Comment An vielen Tagen By Horst Langheim Throughout my life, on many days, Adversity and pain was mine, But wrapped in love — its warm embrace, I didn't live one day in vain. And love, just love, it is God's might Which in our darkest days Will fan the flames in us to light The world, dispel the haze.
So let the flames burn strong and high And daily fan the fires; No evil spirit can defy A glowing heart that good inspires. Das Erdbeben Erkenne nun: Wohin nun denkst du rettend? Kein Ausweg mehr ins Andre: Maria Luise Weissmann — Comment Sonnet 30 When to the sessions of sweet silent thought I summon up remembrance of things past, I sigh the lack of many a thing I sought, And with old woes new wail my dear time's waste: Then can I drown an eye, unused to flow, For precious friends hid in death's dateless night, And weep afresh love's long since cancell'd woe, And moan the expense of many a vanish'd sight: But if the while I think on thee, dear friend, All losses are restored and sorrows end.
Ich freue mich, dass du wieder dabei bist, heute mit einem der bekanntesten Shakespeare-Sonette. Unglaublich, wie weit Wikipedia schon entwickelt ist: Allerdings bleibt mir nur der Verweis auf: Comment Wie ich eben sehe, ist heute ein anderer Limerick unter zu lesen. Hier noch ein Versuch, den Atom-Fan einzufangen: Noch bedeutsamer und beunruhigender als konkrete Personen sind die Einstellungen, die anhand politischer Figuren sinnbildhaft karikiert werden.
Roald Dahl — After school, Roald Dahl didn't go to university, but applied for a job at the Shell company, because he was sure they would send him abroad. He was sent to East Africa, where he got the adventure he wanted: He lived in the jungle, learned to speak Swahili and suffered from malaria.
He was a fighter pilot and shot down German planes and got shot down himself. After 6 months in hospital he flew again. Comment Geld regiert die Welt oder: Nur aus der Werlt Wer nicht hat Geld!
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Denn ohne Geld Schafft man nichts in der Welt. Kommt Kunst gegangen vor ein Haus, Man sagt, der Wirth sei gangen aus. On the Grasshopper and Cricket The poetry of earth is never dead: When all the birds are faint with the hot sun, And hide in cooling trees, a voice will run From hedge to hedge about the new-mown mead; That is the Grasshopper's--he takes the lead In summer luxury,--he has never done With his delights; for when tired out with fun He rests at ease beneath some pleasant weed.
The poetry of earth is ceasing never: On a lone winter evening, when the frost Has wrought a silence, from the stove there shrills The Cricket's song, in warmth increasing ever, And seems to one in drowsiness half lost, The Grasshopper's among some grassy hills. Indoors and out, summer and winter,--Mirth. Sind es die Wiesen? Ist es das Tal? Goldene Fische Wimmeln im See. Saget, seit gestern Wie mir geschah? Liebliche Schwestern, Liebchen ist da! Streams richer laden Flow through the dale, Are these the meadows? Is this the vale?
Fish crowd the ocean, Golden and bright. Birds of gay plumage Sport in the grove, Heavenly numbers Singing above. Under the verdure's Vigorous bloom, Bees, softly bumming, Juices consume. Gentle disturbance Quivers in air, Sleep-causing fragrance, Motion so fair. Soon with more power Rises the breeze, Then in a moment Dies in the trees.
But to the bosom Comes it again. Aid me, ye Muses, Bliss to sustain! Say what has happen'd Since yester e'en? Oh, ye fair sisters, Her I have seen! Comment Full Moon One night as Dick lay fast asleep,. Auf treten Vorfelder im Regen und …. Ingeborg Bachmann — http: Hat jemand vielleicht eine Idee? Eigentlich die beste Gelegenheit, moderne Gedichte hier komplett einzustellen. Mein Wannenbad Es muss wieder mal sein. Ich steige hinein In zirka zwei Kubikmeter See.
Comment Dream Deferred What happens to a dream deferred? Spring lets its blue ribbon flutter again in the breeze;. The Complete Works of William Shakespeare http: Da kommt der Wind! Sie flattern und schwelln!
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Heinrich Heine - Buch der Lieder. Comment Daffodils I wandered lonely as a cloud That floats on high o'er vales and hills, When all at once I saw a crowd, A host, of golden daffodils; Beside the lake, beneath the trees, Fluttering and dancing in the breeze. Continuous as the stars that shine And twinkle on the milky way, They stretched in never-ending line Along the margin of a bay: Ten thousand saw I at a glance, Tossing their heads in sprightly dance.
The waves beside them danced; but they Out-did the sparkling waves in glee: A poet could not but be gay, In such a jocund company: I gazed--and gazed--but little thought What wealth the show to me had brought: For oft, when on my couch I lie In vacant or in pensive mood, They flash upon that inward eye Which is the bliss of solitude; And then my heart with pleasure fills, And dances with the daffodils. He belonged to the Symbolist school.
Durch das vergilbte Rohr bricht scheu ein Wild. It will check him.
Second Girl I shall run before him, Arching cloths besprinkled with colors As small as fish-eggs. The threads Will abash him. Third Girl Oh, la I shall run before him, With a curious puffing. I shall whisper Heavenly labials in a world of gutturals. It will undo him. Wallace Stevens — This poem was first published in , so it is in the public domain. Sieh, auf die gleichen Klippen schwimm ich ein. Walter Hasenclever — C'est, vers les ramures grises, Le choeur des petites voix.
Tu dirais, sous l'eau qui vire, Le roulis sourd des cailloux. Paul Verlaine — This is ecstasy This is languorous ecstasy, This is sensual weariness, This is all the rustling of forests In the embrace of the breezes. This is, through the gray boughs, The chorus of little voices. Oh, the faint cool murmur, It twitters and whispers, It resembles the gentle cry Which the ruffled grass exhales. You might call it, under the water that eddies, The muted rolling of pebbles. This soul which is lamenting In this subdued plaint, It is ours, is it not?
Say that it is mine, and yours Which breathes this humble hymn, So softly, on this mild evening. Comment Sonnet 98 From you have I been absent in the spring, When proud-pied April, dressed in all his trim, Hath put a spirit of youth in everything, That heavy Saturn laughed and leaped with him, Yet nor the lays of birds, nor the sweet smell Of different flowers in odor and in hue, Could make me any summer's story tell, Or from their proud lap pluck them where they grew.
Nor did I wonder at the lily's white, Nor praise the deep vermilion in the rose; They were but sweet, but figures of delight, Drawn after you, you pattern of all those. Yet seemed it winter still, and, you away, As with your shadow I with these did play. Hanno Helbling nach Da, Herr, da gab es rechte Beute!
Es lebe Prinz Eugen! Damit mein Herz auch ihn verehren Und ihn beneiden kann. Dort lag sein Gut am Rhein Ihr seid sein wahrer Erbe! Doch endlich kamen sie einander in die Haare, Und ihre Republik versank in Anarchie.
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Ha, rief das arme Volk mit tiefgesenkten Ohren Und mit geschundner Haut, was haben wir getan! I only trust your heart now, And have no other god. This work may be freely reproduced, stored, and transmitted, electronically or otherwise, for any non-commercial purpose. Comment Spring is like a perhaps hand http: Da der pfaff fant von guter roter seiden ein schon messgwant, darum kauft er bescheiden; des kaufs wurden sie eins zwischen in beiden; er wolts versuchen an, Und leget von im seinen rock; im beutel het er zweinzig schock, den er auch von im legt.
Der pfaff zuhant dem diebe wart nachlaufen in dem messgwant mit blasen und mit schnaufen. Als sich der rechte dieb verlief, der kaufman den pfaffen ergrief bei seinem messgwant rot. Zweihundert schock behemisch must auch geben zu straf Hans Bock, welcher im nam das leben und het vor nit all ding erforschet eben, e er hant leget on. Comment The Enkindled Spring This spring as it comes bursts up in bonfires green, Wild puffing of emerald trees, and flame-filled bushes, Thorn-blossom lifting in wreaths of smoke between Where the wood fumes up and the watery, flickering rushes.
I am amazed at this spring, this conflagration Of green fires lit on the soil of the earth, this blaze Of growing, and sparks that puff in wild gyration, Faces of people streaming across my gaze. And I, what fountain of fire am I among This leaping combustion of spring? Lawrence — Thou herald of rich Summer's myriad flowers!
The climbing sun with new recovered powers Does warm thee into being, through the ring Of rich, brown earth he woos thee, makes thee fling:: Thy green shoots up, inheriting the dowers:: Of bending sky and sudden, sweeping showers, Till ripe and blossoming thou art a thing:: To make all nature glad, thou art so gay; To fill the lonely with a joy untold;:: Nodding at every gust of wind to-day, To-morrow jewelled with raindrops.
To stand erect, full in the dazzling play Of April's sun, for thou hast caught his gold. Comment A Tulip Garden Guarded within the old red wall's embrace, Marshalled like soldiers in gay company, The tulips stand arrayed. Below a specified threshold they would be associated with high voting rights and could possibly be refunded without profit.
Beyond this threshold, the contributions would be treated as permanent gifts non-refundable, as at Harvard , and lead to capped voting rights which is more favourable than Harvard. If the billionaires pouring into the media at the moment are as disinterested as they say, then sharing power with journalists, readers and donors who are not as rich as they are should not be a problem.
What is preventing the present majority from adopting a reform of this sort? Perhaps the fear of displeasing the billionaires, and further still, the need to provide the requisite financial means. For, as soon as it is a question of non-refundable gifts, it would be logical to extend to the media the tax reductions applicable to gifts in the educational or medical sector, which has always been refused. However, it would be money well invested and it could easily be obtained by restoring the wealth tax on financial assets. Until the government show some contrition for this original sin it will have considerable difficulty in convincing the country that it is concerned about fiscal justice and combating populism.
This is the blog of a committed social scientist. The author of Capital in the 21st century casts an uncompromising eye on current social and political issues in France, Europe, and the world and shares his likes, dislikes, and critical commentary on what he is reading.