Germany proposes Digital Media State Treaty with automated content monitoring

The proposed Digital Media State Treaty (Digitaler Medienstaatsvertrag) in Germany aims to expand the powers of state media authorities (Landesmedienanstalten) to monitor digital content. Under the draft, authorities would be permitted to use automated technical means to scan text, images, audio, and video content on platforms such as X, Facebook, Instagram, TikTok, and YouTube for potential legal violations.

Key provisions include the ability to process personal data, including protected categories under GDPR, to facilitate these automated searches. If a system detects a potential violation, human oversight is required to confirm the suspicion. If no violation is found, the processed data must be deleted promptly, and no later than 30 days.

Critics, including NIUS editors Julian Reichelt and Pauline Voss, have raised concerns regarding mass surveillance and censorship. They argue that the removal of the requirement that measures must be taken specifically ‘in the event of legal violations’ allows for preventive and investigative actions. Voss noted that this could grant authorities the power to define what constitutes ‘good journalism,’ potentially opening the door to government-driven censorship.