Distribution ban
Of distribution ban is when due penal provisions some content may not be distributed.
The ban on distribution basically extends to all content that violates a criminal offense. The following are covered by the distribution ban:
- Hard pornography ( violent pornography , animal pornography , Section 184a ) and in particular child pornography (also prohibition of possession , Section 184b ) and youth pornography
- Violations of human dignity , here especially the representation of inhuman cruelty, i.e. also the glorification and trivialization of violence ( representation of violence , § 131 ). This prohibition also applies to the representation of dying and extreme physical or mental suffering. Exceptions may apply here under Section 131 (3) StGB for “reporting on current events and history”.
- The use of symbols of unconstitutional organizations ( § 86a ).
- Incitement to hatred , for example the trivialization of acts during the time of National Socialism ( Section 130 ).
In addition to the aforementioned content, for which an absolute distribution ban applies, there is content that is subject to a restricted distribution requirement. Above all, the provisions of the protection of minors play a role here, as they prohibit the distribution or making accessible of certain content - for example simple pornography - to children and young people.
The German judiciary initially had difficulties with the Internet with regard to the distribution ban . This resulted, among other things, from the legal definition of "fonts", which from a classical perspective had to have a physical form. The Bavarian Higher Regional Court decided in 2000 that the sending of emails with child pornographic images was not disseminated due to a lack of physical shape and due to the limited number of recipients. In the same year the district court of Würzburg decided that the representation of child pornography on the Internet could not be disseminated due to a lack of physical form. In the revision hearing of this judgment, however , the Federal Court of Justice equated data storage with writings. The legislature has taken this assessment into account with the inclusion of the data storage in Section 11 (3) of the Criminal Code.
See also
Individual evidence
- ↑ Guiding principle at jura-lotse.de ( Memento of the original from January 7, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Report to heise.de
- ↑ judgment and principles in lexetius.com
