The measure, championed by Justice Minister Heiko Maas for passage this month, would fine Facebook, Twitter and other outlets up to $53 million (50 million euros) if they failed to remove hate speech and other forms of illegal content.
Under German law, social media users are subject to a range of punishments for posting illegal material, including a prison sentence of up to five years for inciting racial hatred.
Under the draft statute, networks must offer a readily available complaint process for posts that may amount to threats, hate speech, defamation, or incitement to commit a crime, among other offenses.
Social media outlets would have 24 hours to delete “obviously criminal content” and a week to decide on more ambiguous cases. The law, approved by Germany’s cabinet in April, would be enforced with fines of up to $53 million.
According to a recent government study, Facebook deleted just 39 percent of illegal hate speech within 24 hours in January and February, despite signing a code of conduct in 2015 pledging to meet this standard. Twitter deleted just 1 percent.
“We are disappointed by the results,” Klaus Gorny, a Facebook spokesman, said in a statement this year regarding the study. “We have clear rules against hate speech and work hard to keep it off our platform.”
But even as Mr. Maas and his allies advocate parliamentary approval, eight of 10 experts who testified at a parliamentary hearing on Monday said the law would not withstand constitutional scrutiny.
Bernd Holznagel, a professor at the University of Münster and one of the participating experts, pointed to two constitutional violations related to freedom of speech: the statute gives companies incentives to remove content, and it lacks a procedure for users to appeal removals.
“Our constitutional court will not allow such a statute,” Mr. Holznagel said. “I think they would crush it,” he continued. “The statute sets up incentives…