New content moderation rules in Germany: flexibility for community standards and justice by procedure
Written By
Counsel
Germany
Senior associate for IP, Copyright, and Industry Regulation – Specialising in Artificial Intelligence, Digital Media, and Games.
The German Federal Supreme Court confirms in its latest “hate speech”-judgements that platforms have the right to set their own frameworks for user communication in their community standards.
As a result, platforms can prohibit content below the threshold of criminal liability to create a respectful debate and advertising environment for their users. At the same time, user interests must be safeguarded through content moderation by procedure. These seminal judgements set a legal framework applicable to all content sharing platforms.
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