Important Decision of the Federal Court of Justice on Liability for Internet Offenses Important Decision of the Federal Court of Justice on Liability for Internet Offenses
On July 16, 2024, the Federal Court of Justice (BGH) made a landmark ruling in a case with reference number VI ZR 243/23 regarding the liability of platform operators for their users' contributions. The central issue was to what extent service providers can be held liable for illegal content published by third parties on their platforms.
The case involved repeatedly offensive and defamatory comments published under a public post on a social media platform. The plaintiff, a prominent company, felt significantly threatened in its reputation by these statements. It turned to the platform operator demanding compensation for damages and an injunction against the further publication of the corresponding content.
The BGH clarified that platform operators can be held responsible for the expressions of their users under certain circumstances. The judges pointed out that liability may arise if the operator is aware of the illegal content or if it is recognizable due to its significance. In this case, according to the BGH, it is necessary for the operator not only to be aware of the content but also to take active measures against it. This could mean that the operator removes content that obviously violates the law in a timely manner.
The role of platform operators in moderating the content published on their sites was particularly emphasized. The judges stated that the responsibility lies not only in monitoring but also in implementing adequate measures to prevent legal violations.According to the judges, a passive attitude is no longer acceptable as social media platforms are increasingly perceived as challenges to the rule of law. Therefore, proactive action on the part of the operators is essential.
The decision of the Federal Court is based on a comprehensive legal assessment of the existing laws that govern liability on the internet. This decision follows a recent legal development that emphasizes greater responsibility for providers of social networks. Previously, the European Court of Justice had highlighted the necessity of striking a balance between freedom of expression and the protection against defamation and insult in similar proceedings.
The implications of the decision VI ZR 243/23 are expected to be far-reaching. Experts anticipate that platform operators will now need to engage more seriously with the issue of content moderation. It is predicted that many companies will revise and adjust their policies on handling content to ensure compliance with the law and to prevent legal disputes.
In summary, with this decision, the Federal Court has sent an important signal regarding responsibility on the internet. The judges emphasize the increasing importance of active moderation by platform operators and their obligation to take a stand against unlawful content. This decision could set a precedent for future legal frameworks in the digital realm.
