Provider privilege
The provider privilege is a term from the online - right , but actually means a little more fundamental concept, namely that the bearer ( messenger , provider ) is not content for the About Brought (the message ) standing needs that transmits it, but not create.
It is currently regulated in Germany as §7 (2) and §§8 to 10 TMG .
The first German precedent
In the mid-1990s, the then managing director of the CompuServe Germany online service was reported to have been involved, among other things, in the - punishable - dissemination of pornographic images. It was a typical representative advertisement , which was actually not directed against the person but against the company. The aim of this advertisement was to either completely close the online service or to prevent certain parts of the Usenet from being passed on to Germany, namely all areas that deal in the broadest sense with images or texts on nudity, sexual practices and preferences, pornography, prostitution and the like, the distribution of which was and is punishable or restricted by various legal regulations.
This advertisement led to several public campaigns, mostly in favor of the accused, and to the online Magna Charta movement and its massive signing by netizens . The proceedings ended with the establishment of the provider privilege by a German court and, as a result, released CompuServe and its managing director from the obligation to check the content of the transmitted newsgroups and, depending on the result, possibly to prevent the transmission of individual messages or parts of messages.
Web links
- Telemedia Act, table of contents at Juris
Individual evidence
- ^ LG Munich I judgment v. November 17, 1999 20 Ns 465 Js 173158/95 ( Memento from February 1, 2014 in the Internet Archive )
