Ahead of Cabinet Decision: eco – Association of the Internet Industry Calls for Effective Protection Against Digital Violence Without Overblocking

• eco supports stronger protection for those affected - while calling for clear alignment with EU law and workable requirements for service providers​

Tomorrow, the German federal cabinet will discuss the draft legislation aimed at strengthening civil and criminal law protections against digital violence. eco - Association of the Internet Industry supports the goal of providing faster and more effective protection for those affected. At the same time, the association is calling for the forthcoming legislative debate to focus on clear responsibilities, precisely defined criminal offences and close alignment with the European Digital Services Act (DSA).

Among other measures, the proposed legislation aims to strengthen access to civil remedies for those affected by digital violence by introducing new rights and procedures for obtaining information.

"Victims of digital violence need effective legal recourse. The proposed requirement for judicial authorisation is important in this regard: before sensitive user data is disclosed, a court should examine whether the legal requirements have been met. This protects the rights of the individuals and companies involved in the disclosure procedure," says Alexandra Koch-Skiba, Head of the eco Complaints Office. "At the same time, the procedures must remain workable. Service providers need clear requirements and must not be required to take on tasks that fall within the responsibility of the state."

Take the DSA into account and avoid turning service providers into investigators

eco sees a particular need for further clarification regarding the proposed possibility of suspending user accounts. In the association's view, this provision overlaps with existing requirements under the DSA. Before introducing additional national legislation, it is therefore important to examine which mechanisms already exist at EU level. Any shortcomings in the implementation or enforcement of existing EU legislation should not be addressed by introducing additional national legal provisions. Where national rules are intended to supplement EU requirements in areas that have not been harmonised, the provisions must work together in practice.

The ministerial draft published in April this year provided for users accused of a legal infringement to be able to participate in the information disclosure procedure anonymously or under a pseudonym and respond to the allegations against them. Where the user's identity is unknown to the court, the court would be able to require the service provider concerned to inform the user without delay that proceedings have been initiated and that they have an opportunity to respond. In eco's view, this requires clear and workable procedures. Any mechanism allowing affected users to respond anonymously must be designed so that it remains practical for service providers and does not result in further investigative responsibilities being transferred from the state to private companies.

Clearly defined criminal offences to combat digital violence

eco supports the goal of effectively protecting people against digital violence, including sexualised image-based abuse and deepfakes. However, new criminal offences must be precisely defined and clearly distinguished from existing legal provisions.

When content is reported to platforms on the grounds of digital violence, the Digital Services Act requires them to assess the reported content. For platforms, the legal assessment of content often depends on its specific context. Unclear legal requirements therefore increase the burden of assessment and may lead providers to remove lawful content as a precaution. This could affect journalism, art or satire, for example.

"Protection against digital violence and freedom of expression must be considered together. The less clear the legal requirements, the greater the pressure to remove content when in doubt," emphasises Koch-Skiba.

eco calls for workable procedures

To ensure that the legislation effectively protects those affected while remaining practical to implement, eco is calling for the following measures during the legislative process:

• Clear alignment with the European DSA, avoiding contradictory or overlapping regulation;
• Clear and comprehensible definitions of new criminal offences;
• A clear division of responsibilities between courts and service providers;
• Standardised and, wherever possible, digital procedures for data requests;
• Appropriate compensation for the additional costs incurred by service providers and Internet access providers; and
• Greater investment in media literacy and prevention.

Strengthening Media literacy and prevention

In eco's view, criminal law alone cannot provide a long-term solution to digital violence. Alongside consistent enforcement of the law, awareness-raising and digital education are needed to counter manipulation and abuse at an early stage.

"The fight against digital violence is not decided solely in the courts, but also in schools, through media education and the responsible use of digital technologies," emphasises Koch-Skiba.

Read eco's position paper (German-language) on the ministerial draft legislation to strengthen civil and criminal law protection against digital violence.

About the eco Complaints Office

The eco Complaints Office has been active since 1996 and is an integral part of Germany's system of regulated self-regulation. It enables Internet users to report content harmful to minors and illegal content free of charge and anonymously, and works closely with service providers, public authorities and international partners.

To mark its 30th anniversary, eco Association is offering interested media representatives background briefings and in-depth insights into the work of the eco Complaints Office in Cologne.

• Download the latest annual report
• Read the background paper on 30 years of the eco Complaints Office