ABSTRACT

This chapter examines the legal precautions taken in Germany to keep referenda free of disinformation. Votes play a particularly important role at the municipal and Länder level. For this, the regulations that apply to state actors are examined. These are laws that deal with the organization of referenda: For example, regulations on the question to be asked or the public relations work of government agencies. In addition, this chapter deals with regulations for private actors, in particular the media. These are general rules, such as general duties of diligence, but also rules on advertising, which include special rules for referenda. The relatively new Network Enforcement Act seeks to reduce disinformation. The authors describe this law and its implications for referenda in detail.