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On 1 October 2021, new rules establishing an appeal procedure for social networks and video-sharing platform services entered into force in Germany. The rules were introduced as part of the latest reform of the Netzwerkdurchsetzungsgesetz (Network Enforcement Act – NetzDG) under the Gesetz zur Änderung des Netzwerkdurchsetzungsgesetzes (Act to Amend the Network Enforcement Act) of 3 June 2021. For video-sharing platform services, the appeal procedure has been applicable to user-generated videos and programmes since 28 June 2021. Since 1 October 2021, as well as social networks, video-sharing...

In a press release of 12 October 2021, the Landgericht Köln (Cologne regional court – LG Köln) announced that it had decided in summary proceedings (case nos. 28 O 351/21 and 28 O 350/21) that YouTube had unfairly deleted two user-generated videos, featuring reports and interviews concerning COVID-19, on the basis of its general terms and conditions. As part of the “#allesaufdentisch” campaign, which went viral at the end of September this year, various German artists uploaded onto the YouTube video-sharing platform video clips of interviews with comments by so-called...

Alongside their traditional offer of radio and television channels, German public service broadcasters are increasingly providing telemedia offers in accordance with Article 27 of the Medienstaatsvertrag (state media treaty – MStV). According to Article 30(2) MStV, such offers particularly include “broadcasting of their programmes on demand before and after their scheduled broadcasting”, sometimes with time limitations, e.g. for sports events, “as well as independent audiovisual content”, and “historical/cultural archives with informative, formative and cultural...

On 1 September 2021, the 14 German Landesmedienanstalten (state media authorities) published calls for tender pursuant to Article 84 of the Medienstaatsvertrag (state media treaty – MStV) in order to determine offers that must be easy to find in user interfaces. Separate calls for tender for video and audio services must be organised in accordance with Article 3(1)(2) of the state media authorities’ Public-Value-Satzung (public value rules). They mark the start of the process described in Article 84(5) MStV for determining so-called public value offers of private media (i.e. those that...

In three rulings published on 9 September 2021, in relation to the well-known German social media influencers Leonie Hanne, Cathy Hummels and Luisa-Maxime Huss (case nos. I ZR 90/20, I ZR 125/20 and I ZR 126/20), the Bundesgerichtshof (Federal Supreme Court – BGH) decided whether influencer posts should be labelled as advertising. The proceedings were instigated by an association in competition, which had accused the influencers of engaging in surreptitious advertising pursuant to Articles 8(1)(1), 8(3)(2), 3(1) and 5a(6) of the Gesetz gegen den unlauteren Wettbewerb (Unfair Competition...