Difficult question. I think it’s realistic. Hate speech laws are enforced against individuals on a regular basis. If a German instance tolerated illegal content, then I expect the instance would sooner or later be involved in a prosecution. The prosecution would be against the user, though. The instance would only have to provide data to police. I’m not sure at what point the instance owners themselves would be found to violate these laws.
Apart from that, the instance is required to remove illegal content per the DSA. I think it’s realistic to expect that a prosecution would lead to a closer look at the instance.
brot@feddit.org 4 days ago
First of all, telling admins that they should break the law and face legal risks and fines because you want it is exactly what the Lemm.ee admins are talking about. Burning out, problems with replacements and so on. And second: We are talking about content in the style of “Israel has to die, kill all the jews” and yes, people get prosecuted for that. And you really do not want stuff like that on your instance, even if your country allows it