Videos of a murder in Stuttgart circulating shortly after the fact, on the net. A number of such violence spread videos. Who makes themselves liable to prosecution, and what to do “Sensation Seekers” in order to?
Platforms need to delete violent Videos in a timely manner – but not always happens
If the Parts of the Videos is a punishable offence
In Stuttgart, a man was stabbed on Wednesday night on the open road with a sword-like object. A neighbor filmed the act and put the Video on the net, this was hours after the release of online to find. Many people have spread the recordings. In the social networks, including Twitter, to discuss the dissemination of violent videos to be sharp.
Recordings of acts of violence, and also their further dissemination, for example in social networks can violate the “personal life” of the victim. According to §201a of the penal code (StGB) it is an offence to make recordings of a people, or spread, in which his helplessness is shown. Here, up to two years ‘ imprisonment or a fine is threatened.
Lawyer Christian Solmecke
The dissemination of violent videos is also a violation of §131 StGB. “Will be punished then who spread cruel or otherwise inhuman acts of violence against people‘ and available to the Public, thus, violence is glorified, and the human dignity of the victim,” says the Cologne lawyer Christian Solmecke.
Who is so cruel violence videos, or share and these are used for the glorification of violence, or belittling, you must expect up to a year in prison or a fine. Those who threaten violence videos only “liked”, according to Solmecke, however, no criminal consequences.
The Special Case Of “Public Interest”
In §131 Of The StGB, Para. 2 States that the prohibition to disseminate violent videos, apply if “the act of reporting on events of the day or the story.” In the course of the debate to the Video about the Stuttgarter murder of the paragraph was mentioned on Twitter many users and as an Argument for the proliferation of used. “The rule is to be understood that the Spread of reporting must serve,” says media attorney Solmecke.
“In any case, it needs to be a communication of information, over and above the actual display.” The clause in practice, but hardly a meaning, so Solmecke: “Factual depictions of violence are never a Form of reporting”. Instead, the requirement is to allow for a in terms of the media and freedom of information, criminal unprecedented coverage – but not a pure depiction of violence.
Obligations of platforms and users
Users who discover violent videos on the net, they should report to the platform operators. With a few clicks. Twitter, Facebook, Youtube and co. must be immediate action to remove unlawful and, in particular, criminal content. Otherwise, the platforms can be liable even.
I don’t like: operators need to know that you are hosting violent videos, and rely on users
“The network is the enforcement of the law, which is since 2017 is in force, also ensures that the deletion of illegal content, such as depictions of violence and violations of the highly personal Living space quickly, need to be made usually within 24 hours,” says attorney Solmecke.
Social networks such as Facebook, Youtube and Twitter are in the past, but again and again in the criticism, because you have not deleted illegal content quickly enough. So after the Christchurch attack in March in Australia million copies of the video, in which the offender had his act live streamed.
The motives behind the publication
“It’s about hoped-for popularity, to hoped-for feedback from others,” says Media psychologist Astrid Carolus from the University of Würzburg in the DW. “Others want to see the Video and share and give feedbacks. Based on a deeply human need for recognition is.” Carolus and the dissemination of such violence videos referred to as the fast and resource-poor way, to present himself.
Similarly, users who share relevant Videos and, thus, continue to spread. “If the Video has a novelty value, then the Person who shares the Video can participate in this ‘glory’.” Users share the Videos hope so, on the wave of attention to play the game.
Psychologists suspect that especially people in which the personality trait of “Sensation Seeking” is pronounced, spread such Videos. “Sensation Seeker” have the need for varied, new, and complex sensations and experiences and are often willing to take risks in buying. “‘Sensation Seeker’ to get excited about media content, such as exciting movies, Horror and thrillers, and you are more likely to click on such Videos in the net,” says Carolus.