How can German democracy remain resilient in the face of the communicative threats posed by the digital space? The article by Jan-Ole Harfst in the special edition 01/2025 of the Bonner Rechtsjournal shows that communicative threats on the internet cannot be countered at the national level alone and that joint protection of democracy at the European or international level is necessary. The EU’s Digital Services Act in particular offers promising approaches to better protect democracy in the digital space.
To purchase the issue, please send an email to herausgeber@bonner-rechtsjournal.de. An open access version of the issue will be published here in the course of 2026. The article “Kommunikative Gefahren im Online-Umfeld” [Communication Risks in Online Environments] is only available in German.
Abstract
This article addresses the resilience of German democracy in the face of new communicative threats posed by the internet, particularly the online dissemination of disinformation and hate speech. After providing an overview of the historical concept, the article contrasts the resilient democracy of the Basic Law with the challenges posed by the digital space today, pointing out the lack of fit between the two. However, if the concept is expanded to include all norms that protect discourse and democratic institutions, additional defensive legal instruments are available. The effectiveness of these instruments is discussed in relation to individual participation. Finally, the necessity of regulating online platforms is emphasized. In view of the global threat situation, this cannot be accomplished by individual states alone, consequently requiring a transition from national to supranational protection of democracy. The Digital Services Act, a new EU regulation, offers promising approaches for appropriately defending democracy in the digital space.
Harfst, Jan-Ole (2025): Kommunikative Gefahren im Online-Umfeld: Neue Herausforderungen des digitalen Raums für eine wehrhafte Demokratie[Communication Risks in Online Environments: New Challenges of the Digital Space for a Resilient Democracy]. In: Bonner Rechtsjournal, Special Issue 01/2025, pp. 46-52. ISSN: 1866-0606.