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German District Court Holds Internet Forum Operator Liable for Comments Posted by User
On April 27, 2007, the District Court of Hamburg released a judgment, in which it found an Internet forum operator guilty for aiding and abetting the dissemination of defamatory comments posted by its users. The Court found the operator, “Supernature”, fully liable for all comments posted on its website. The Court held that Internet forums are journalistic-editorial platforms within the meaning of the German Broadcasting Agreement, and operators are therefore required to exercise reasonable due diligence in checking the content and veracity of comments posted on its forum.
This is the second of such rulings from the District Court of Hamburg in which it held Internet forum operators fully liable for comments posted on their websites. This trend has caused significant concerns among legal scholars; they point out that the District Court’s characterization of Internet forums as journalistic-editorial platforms is inconsistent with rulings handed down by the German Supreme Court. The greater concern is that in both cases, the District Court made no distinction between the operator’s own content and those posted by its users; in contrast, this distinction is important in US jurisprudence, where courts generally afford Internet forum operators protection against liability arising from user-generated content on their websites.
An appeal of the decision lies with the Regional Court; thus far none of the parties have indicated that they intend to appeal the decision.
For additional information, visit:
http://www.heise.de/english/newsticker/news/89368