Tackling Hate Speech in the Digital Space: Germany’s Plans on an Act Against Digital Violence and its Impact on Ethno-Cultural Minorities

Abstract

Abstract The increasing significance of online communication services is not yet matched by adequate protections for particularly vulnerable groups, such as minorities, who are disproportionately affected by various forms of digital violence. This article examines a legislative initiative introduced by the German government in 2023, which aims to supplement the EU’s Digital Services Act (DSA) and address certain enforcement gaps in safeguarding individual rights. The analysis reveals that the initiative still faces substantial legal challenges, especially given the harmonizing nature of the DSA, which may require a more refined approach to its ambitious goals. However, a review of European Court of Human Rights (ECtHR) case law concerning the state’s obligation to protect individuals from hate speech suggests that the primary issues outlined in the draft should continue to be pursued. The article contextualizes the initiative within the socio-technical environment where ethno-cultural minorities are targeted online, particularly through hate speech. By situating the initiative within the current socio-legal framework and incorporating a comparative perspective – drawing on regulatory models from Canada, the UK, and Australia – it highlights key challenges that lie ahead.