Human Rights Watch (HRW) [advocacy website] released a report [HRW news] Wednesday detailing flaws in Germany’s Act to Improve Enforcement of the Law in Social Networks. [PDF, in English]. The law, which went into effect at the beginning of the year, requires social media platforms to promptly remove illegal content.

The HRW report says that the law fails to strike a balance between freedom of expression and security. The German criminal code defines illegal content but enforcement is largely entrusted to private companies that run the social networks. These companies face fines up to 50 million euro, thus the incentive to remove offensive content is strong. But in the event a company’s efforts to comply with the law result in a violation of freedom of speech, there is no judicial appeal available to affected users. The result, according to HRW, is an unacceptable curb on freedom of expression.

Members of the incoming coalition government admit the law may need revisions but maintain that it is a necessary step for security. The law was passed as Germany manages heavy burdens stemming from the migrant crisis and the war in Syria. Germany has been targeted by ISIS-directed and ISIS-inspired attacks; some of the content removed under this law is terrorist-linked. Right-wing anti-migrant content, which has been up since Germany has been receiving large numbers for refugees for several years, is also targeted by the law.

Of particular concern for HRW is that this german law has been sited in advancing similar propositions in nations with weaker rule of law protections like Singapore, Philippines, and Russia.