Posts Tagged ‘Blog posts’

German Federal Court sets out rules for site liability for blog posts

October 26, 2011

It seems like an exercise of common sense:

The Local – Germany’s highest civil court has set out a process by which web hosts can avoid liability for libellous blog posts, in a decision which Google described as striking a blow for freedom of expression and information in the internet. 

… The Federal Court of Justice ….  also set out a process which web hosts should follow to avoid any liability.  
Someone who believes a blog entry violates the law must inform the hosting company – but allegations of illegality must be “concrete” enough that they can be affirmed “without detailed legal and factual review,” the court ruled.

The allegations must be passed onto the blogger who must respond within a reasonable period – or the blog can simply be deleted. If the blogger decides to defend their entry, the complainant must prove that it is illegal, and if this cannot be done, the entry must remain. 

But as regards anonymity this requires that the identity of the blog poster must be known to the host.

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