3 ms·

It's a pretty bad dark joke, but considering it illegal? Especially by an american company, freedom of speech and all that?

SiempreViernes 3y ago
The Germans are not famous for making jokes about killing Jews, and their market: their rules.
- ajsnigrutin 3y ago
  Sure, but the germans did not outlaw jokes, even if they're germans. It's not calling for violence, it's not denying the holocaust (quite the oposite), so why would it be illegal?
red_trumpet 3y ago
If they are operating in the EU, it doesn't matter if it is an american company or not.
- ajsnigrutin 3y ago
  Sure, but can this joke itself be illegal? What law forbids a joke like this? It's not calling for violence, it's not denying the holocaust (just the opposite), it's just.. well.. a joke.
  - andylynch 3y ago
    It’s absolutely inciting violence, just using coded language.
    - decremental 3y ago
      [dead]
    - somenameforme 3y ago
      Even the EU is going to have some legal standards around this sort of thing, or you could spin whatever you want into being some sort of coded language for something that is illegal. I'm unfamiliar with EU (or Germany as it may be?) standards, but using the US as an example, there's the Miller Test [1] for determining obscenity. It has three parts: --- 1) Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest 2) Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law 3) Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. --- Something can only be deemed obscene if it meets all 3 criteria, which courts tend to interpret pretty rigidly. For instance, an average person is not the most sensitive or politically correct person. Of course it also somewhat amusingly emphasizes the cultural differences. Creative use of a nipple and some mayonnaise might be deemed as obscenity, while a graphic decapitation could not. [1] - https://en.wikipedia.org/wiki/Miller_test https://en.wikipedia.org/wiki/Miller_test
andylynch 3y ago
There is no absolute right of free speech in the EU (and probably most countries); foreign companies operating there are subject to local laws when doing so. (In my non-EU country that tweet could be interpreted as a hate crime too, quite uncontroversially)
- ajsnigrutin 3y ago
  Sure, but is this joke actually illegal?
  - kypro 3y ago
    I'm not as familiar with EU laws, but if I posted this joke online in the UK, then yes, it could easily be considered "grossly offensive" and therefore would be illegal. I won't say it happens particularly often, but we do charge people in the UK for posting offensive jokes. Hell, you can be charged for saying something factually true if it's offensive in the UK.

SiempreViernes 3y ago

The Germans are not famous for making jokes about killing Jews, and their market: their rules.

ajsnigrutin 3y ago
Sure, but the germans did not outlaw jokes, even if they're germans. It's not calling for violence, it's not denying the holocaust (quite the oposite), so why would it be illegal?

red_trumpet 3y ago

If they are operating in the EU, it doesn't matter if it is an american company or not.

ajsnigrutin 3y ago
Sure, but can this joke itself be illegal? What law forbids a joke like this? It's not calling for violence, it's not denying the holocaust (just the opposite), it's just.. well.. a joke.
- andylynch 3y ago
  It’s absolutely inciting violence, just using coded language.
  - decremental 3y ago
    [dead]
  - somenameforme 3y ago
    Even the EU is going to have some legal standards around this sort of thing, or you could spin whatever you want into being some sort of coded language for something that is illegal. I'm unfamiliar with EU (or Germany as it may be?) standards, but using the US as an example, there's the Miller Test [1] for determining obscenity. It has three parts: --- 1) Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest 2) Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law 3) Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. --- Something can only be deemed obscene if it meets all 3 criteria, which courts tend to interpret pretty rigidly. For instance, an average person is not the most sensitive or politically correct person. Of course it also somewhat amusingly emphasizes the cultural differences. Creative use of a nipple and some mayonnaise might be deemed as obscenity, while a graphic decapitation could not. [1] - https://en.wikipedia.org/wiki/Miller_test https://en.wikipedia.org/wiki/Miller_test

andylynch 3y ago

There is no absolute right of free speech in the EU (and probably most countries); foreign companies operating there are subject to local laws when doing so. (In my non-EU country that tweet could be interpreted as a hate crime too, quite uncontroversially)

ajsnigrutin 3y ago
Sure, but is this joke actually illegal?
- kypro 3y ago
  I'm not as familiar with EU laws, but if I posted this joke online in the UK, then yes, it could easily be considered "grossly offensive" and therefore would be illegal. I won't say it happens particularly often, but we do charge people in the UK for posting offensive jokes. Hell, you can be charged for saying something factually true if it's offensive in the UK.