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"Liability of Internet Providers"

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Gabyd Click to EMail GabydClick to check IP address of the poster 06-Jun-00, 10:36 AM (GMT)
"Liability of Internet Providers"
I wonder if you can help me. I've looked at your site extensively (it's great) but I need to go a bit further. Can you suggest any other sources of info on German law (in English) on the net? (I've also looked at the site Christopher Kuner has but have found little else). I need to find some information about the Act to regulate the dissemination of writings and media contents harmful to young persons (Youth Media Act), specifically s3(5) which states that service providers are liable for harmful content except where technical precautions have been taken to ensure that content can only be accessed by adults.

Do you know what technical precautions are deemed sufficient? I've heard that somewhere in German statute it states what is required (double verification?) but I can't find it in the Teleservices Act nor in the Youth Media Act. Your site only has extracts from the Youth Protection Act so I wondered if it might be in there...

Any help very gratefully received.

Gabrielle Darbyshire

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RE: Liability of Internet Providers, gd, 06-Jun-00, (1)
RE: Liability of Internet Providers, cdenning, 06-Jun-00, (2)

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gd Click to EMail gdClick to view user profileClick to check IP address of the poster 06-Jun-00, 02:24 PM (GMT)
1. "RE: Liability of Internet Providers"
The Youth Protection Act (Gesetz zum Schutz der Jugend in der Öffentlichkeit) does not relate to internet providers. It is concerned with access to physical locations such as pubs, clubs, movie theatres, casinos etc.

The only statutory provisions I know which relate to the obligation of service providers to prevent access by young persons to websites with harmful content are sec. 3 (5) Youth Media Act, which you have found, and also sec. 5 (3) no. 2 of the same Act, which relates to advertising. It would then be up to the courts to decide which technical means are considered sufficient. I suspect you will have to refer to specialist literature and case reporters - most if of which will be in German.

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cdenning Click to EMail cdenningClick to view user profileClick to check IP address of the poster 06-Jun-00, 06:10 PM (GMT)
2. "RE: Liability of Internet Providers"
In 1997 (or 1996) there was a case of CompuServe loosing a court case against the State of Bavaria(?) about messages being posted to USENET discussion forums. The court claimed that CompuServe was responsible for the content, even though any expert could have certified that the control of USENET forums is practically impossible.
Please consider that this posting is made by a techie - I have no knowledge whatsover of German Law - but it might help you to look up the court case...


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