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On 1 April 2020, the German Federal Gover nment adopted a bill to amend the Netzwerkdurchsetzungsgesetz (Network Enforcement Act – NetzDG). The proposed reforms are designed, on the basis of lessons learned from the application of the Act, to improve users’ rights in relation to unauthorised deletions and account blocking, and to simplify the process for asserting information rights. They therefore supplement the changes proposed in February under the Gesetzentwurf zur Bekämpfung des Rechtsextremismus und der Hasskriminalität (Draft Act to combat right-wing extremism and...

In an effort to reduce the impact of the coronavirus crisis on the German film and cinema industry, film support agencies at federal and regional levels have launched a joint aid programme. On 27 March 2020, the national Filmförderanstalt (Film Support Agency – FFA) announced that the programme would fund the production, rental and cinema sectors to the tune of EUR 15 million. The measures, which are designed to be implemented quickly and without unnecessary bureaucracy, took immediate effect. The coronavirus pandemic is having a direct impact on the entire film industry. Some elements...

The German Bundesamt für Justiz (Federal Ministry of Justice) has recognised the Freiwillige Selbstkontrolle Multimedia-Diensteanbieter e. V. (FSM) as the first regulated self-regulatory body for the analysis of illegal social network content. This means that online platforms, as part of their obligations to check content, can ask the FSM to decide whether content that users have uploaded to their platform is unlawful. Since the entry into force of the Netzwerkdurchsetzungsgesetz (Network Enforcement Act – NetzDG) in Germany in 2017, social network providers have become more accountable...

On 11 March 2020, the Kammergericht Berlin (Berlin Appeal Court) issued another decision in the case concerning German Green Party politician Renate Künast. It partially amended, in the politician’s favour, the decision taken by the Landgericht Berlin (Berlin District Court) following Künast’s claim against a social media platform for the publication of user data, and decided that a further six of the 22 disputed user comments were libellous. The district court’s original decision not to classify any of the posts as libellous had been heavily criticised by the general...

On 13 February 2020, the German Bundesministerium der Justiz und für Verbraucherschutz (Federal Ministry of Justice and Consumer Protection) published a draft law designed to create a legal framework for free recommendations by influencers and bloggers. The ministry intends to make it clear that comments on products made by influencers on social media free of charge and primarily for information and opinion-forming purposes do not need to be labelled as advertising. The proposed regulations were drafted following several court decisions in recent years in which the commercial nature of...