Provider’s Liability: For Insults Online

von RA Arndt Joachim Nagel, 14.04.2009, 16:08 Uhr

III. Conclusion

The content and scope of the provider liability according to the statutory scheme in §§7 et.seq. TMG have now clearer contours than previously. Nevertheless, in practice, especially in regard to the question of who actually qualifies as a provider within the meaning of §§7 et.seq. TMG, is often still problematic. In the future, this issue will often only be clarified by the courts. Generally, however, it can be summed up that providers basically have no monitoring and research duties related to third party’s contents, and they can escape liability for infringing other person’s right if when becoming aware of a legal infringement the provider does everything possible and reasonable to eliminate the infringement.

Translation: Translated by Publisher of the The Legal Guide to Germany Rechtsanwalt Alexander Baron von Engelhardt

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Provider’s Liability: For Insults Online