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by DasIch 1087 days ago
It's far from shallow minded. In Germany that's actually how the law is interpreted.

The theory is that under an indirect third party effect free speech becomes effectively limited, if large companies censor people. As a result they can be compelled not to do so within reason. For example, if a social media platform bans you, you can sue them and they have to show that they have sufficient reason and that they gave you opportunity to appeal etc. If they fail, they have to unban you.

3 comments

Germany mandates censorship
[citation needed]; case law or statute?
The german term you want to look for is "mittelbare Drittwirkung". On this particular topic there is an interesting case from the Bundesgerichtshof about facebook accounts that were banned. German press release: https://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/do...
The German legal system isn't a common law system - there is no case law.
I disagree on many levels but sure that’s great for Germany, but German law isn’t the whole world.