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Germany Asks: Is Zuckerberg Criminally Liable For Facebook Hate Speech?

Two German lawyers say the Facebook founder and CEO doesn't do enough to stop hate speech.

Facebook CEO Mark Zuckerberg, between like and hate
Facebook CEO Mark Zuckerberg, between like and hate
Simon Hurtz

MUNICH — Two German lawyers are seeking criminal charges against the head of Facebook, Mark Zuckerberg, accusing him of enabling sedition. The lawyers, who have asked that the U.S. founder pay a 150 million-euro fine, say Zuckerberg should be held personally responsible for posts Facebook users have published on the social network that defy German law over hate speech.

Earlier attempts to seek charges against local Facebook managers in Germany have thus far been rejected by prosecutors, though similar charges against a European regional boss are still being investigated.

Though Facebook has recently reassured the justice ministry that they abide by German law, the company has not yet put the policy into practice, says Chan-jo Jun, one of the two lawyers. "Whenever we report left-wing or right-wing calls for extremist sedition, calls for or images of violence, we systematically get one and only one answer from Facebook: It does not violate our community guidelines," says Jun. "This has nothing to do with inability, it's a strategy."

Jun, who has pressed the charges against Zuckerberg in cooperation with Christian Solmecke, further argues that the Facebook CEO can be held responsible for crimes committed via the platform, even if he acknowledges that Zuckerberg's conviction is quite unlikely. Jun nonetheless says Facebook, which has 28 million users in Germany, must recognize the problem: "They have noticed us, they do make some efforts already, but not enough if you ask me. We want more."

Indeed, Facebook has intensified action against hate comments over the past couple of months. In November they announced plans to forcefully delete "threats of physical violence," especially linked to the recent wave of refugees entering Germany.

The lawyers, together with the Amadeo-Antonio-foundation, a German NGO, have founded the "Initiative for Online Civic Courage," which aims to encourage people to show civil courage and to counter online hatred. Facebook has refused to comment on the latest initiatives.

Jun has already sought charges against several Facebook managers in Germany last September, accusing them of sedition as well. The public prosecutor's office of Hamburg opened an investigation, which ended earlier this month, rejecting the charges. The prosecutors found no initial suspicion for sedition, but also noted that the accused German managers' responsibility only covered marketing and customer acquisition. The case of Martin Ott, a top Facebook manager for northern, central and eastern Europe, is still being investigated, says the public prosecutor's office of Hamburg, which wants to clarify if he can be held personally responsible for published posts. It is likely though that proceedings will be closed eventually here too.

Regardless of how the German prosecutors handle the accusations against Zuckerberg and Ott, the commitment has already proven being worth the trouble, says Jun. "Facebook does not question German law anymore and they have already deleted several posts." Still, that typically comes after an uproar from the media and politicians, rather than the pursuit of the German justice system.

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Society

Sleep Divorce: The Benefits For Couples In Having Separate Beds

Sleeping separately is often thought to be the beginning of the end for a loving couple. But studies show that having permanently separate beds — if you have the space and means — can actually reinforce the bonds of a relationship.

Image of a woman sleeping in a bed.

A woman sleeping in her bed.

BUENOS AIRES — Couples, it is assumed, sleep together — and sleeping apart is easily taken as a sign of a relationship gone cold. But several recent studies are suggesting, people sleep better alone and "sleep divorce," as the habit is being termed, can benefit both a couple's health and intimacy.

That is, if you have the space for it...

While sleeping in separate beds is seen as unaffectionate and the end of sex, psychologist María Gabriela Simone told Clarín this "is not a fashion, but to do with being able to feel free, and to respect yourself and your partner."

She says the marriage bed originated "in the matrimonial duty of sharing a bed with the aim of having sex to procreate." That, she adds, gradually settled the idea that people "who love each other sleep together."

Is it an imposition then, or an overwhelming preference? Simone says intimacy is one thing, sleeping another.

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