Hello World,

following feedback we have received in the last few days, both from users and moderators, we are making some changes to clarify our ToS.

Before we get to the changes, we want to remind everyone that we are not a (US) free speech instance. We are not located in US, which means different laws apply. As written in our ToS, we’re primarily subject to Dutch, Finnish and German laws. Additionally, it is our discretion to further limit discussion that we don’t consider tolerable. There are plenty other websites out there hosted in US and promoting free speech on their platform. You should be aware that even free speech in US does not cover true threats of violence.

Having said that, we have seen a lot of comments removed referring to our ToS, which were not explicitly intended to be covered by our ToS. After discussion with some of our moderators we have determined there to be both an issue with the ambiguity of our ToS to some extent, but also lack of clarity on what we expect from our moderators.

We want to clarify that, when moderators believe certain parts of our ToS do not appropriately cover a specific situation, they are welcome to bring these issues up with our admin team for review, escalating the issue without taking action themselves when in doubt. We also allow for moderator discretion in a lot of cases, as we generally don’t review each individual report or moderator action unless they’re specifically brought to admin attention. This also means that content that may be permitted by ToS can at the same time be violating community rules and therefore result in moderator action. We have added a new section to our ToS to clarify what we expect from moderators.

We are generally aiming to avoid content organizing, glorifying or suggesting to harm people or animals, but we are limiting the scope of our ToS to build the minimum framework inside which we all can have discussions, leaving a broader area for moderators to decide what is and isn’t allowed in the communities they oversee. We trust the moderators judgement and in cases where we see a gross disagreement between moderatos and admins’ criteria we can have a conversation and reach an agreement, as in many cases the decision is case-specific and context matters.

We have previously asked moderators to remove content relating to jury nullification when this was suggested in context of murder or other violent crimes. Following a discussion in our team we want to clarify that we are no longer requesting moderators to remove content relating to jury nullification in the context of violent crimes when the crime in question already happened. We will still consider suggestions of jury nullification for crimes that have not (yet) happened as advocation for violence, which is violating our terms of service.

As always, if you stumble across content that appears to be violating our site or community rules, please use Lemmys report functionality. Especially when threads are very active, moderators will not be able to go through every single comment for review. Reporting content and providing accurate reasons for reports will help moderators deal with problematic content in a reasonable amount of time.

  • yetAnotherUser@discuss.tchncs.de
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    15 days ago

    According to the 2nd highest court in Germany that can only be overruled by the constitutional court:

    A section of the population - the only one to be considered in the present case - is a group of persons who are distinguishable from the rest of the population on the basis of common external or internal characteristics of a political, national, ethnic, racial, religious, ideological, social, economic, professional or other nature, who are numerically of some significance and thus no longer individually distinguishable.

    BGH 3 StR 602/14, decision from 2015-04-14

    As a layman, CEOs seem to fit that definition due to their economic and professional characteristic.

    This Wikipedia article has an extensive number of court cases and resulting applocations and limitations listed, in case you’re interested in learning more. The English version is far less detailed, so try translating the whole site, i.e. through Firefox Translate:

    https://de.m.wikipedia.org/wiki/Volksverhetzung

    • Dragon Rider (drag)@lemmy.nz
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      15 days ago

      If criminals are a designated group, and advocating violence against designated groups is illegal in Germany, does that mean it’s illegal for Germans to say criminals should be locked up?

      Cowabunga!

      • yetAnotherUser@discuss.tchncs.de
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        15 days ago

        No, because by definition criminals have already done an act such that their imprisonment is legal, if done by the state.

        Imprisonment is a legal act of violence if and only if someone has committed a crime. CEOs, while immoral, do not necessarily break laws.

        And yes, calling for a group of people to be imprisoned can fall under §130. Again, I am not a lawyer but there have been court decisions about this.

        Finally, the fact that lemmy.world distributes content advocating for the killing of CEOs could likely fall under this paragraph because the death sentence itself violates human dignity already.

        • Dragon Rider (drag)@lemmy.nz
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          15 days ago

          So you’re saying that German law doesn’t prohibit all calls for violence, only certain kinds of calls for violence?