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High Severity

Criminal Liability for Editorial Control

This provision criminalizes hate speech that incites genocide or aggravated violence, but when combined with the broad "control over communication" standard in 39, it exposes platform moderators, editors, and publishers to criminal penalties (up to 500 penalty units and one month imprisonment) for exercising editorial judgment over content. Anyone who "substantially dictates how content should be framed" or can "communicate or remove content" has "control" and faces potential criminal liability. The provision is also incomplete—it references "section []" without specifying penalties, and the definition of "aggravated violence" is cut off mid-sentence—creating legal uncertainty that makes compliance planning impossible and forces businesses to choose between over-moderation, market exit, or abandoning editorial control entirely.