Unveiling NetzDG: The Digital Berlin Wall

The EU has been proactive in creating comprehensive legislative frameworks to address contemporary challenges faced by its member states, with platform moderation and regulation being key areas of focus. The Digital Services Act (DSA) serves as a prime example of this effort. Despite its general stance of minimal interference with Internet freedom, Germany enacted the controversial Network Enforcement Act (NetzDG) in 2017, which took effect in 2018, to tackle hate speech and fake news. This chapter discusses the impact of NetzDG on free speech online—with the paradigm of DSA, particularly on the regulations of social media platforms (SMPs)—through an analysis of judicial, research, scholarly, and policy debates. While acknowledging and supporting the shift of platform governance to private platforms, the chapter identifies critical challenges posed by the current regulatory framework. It proposes strategies for addressing these challenges in the governance of social media content, aiming to protect the inherent rights to free speech recognized both locally and globally.