censorship German Court: ISP Must Not Block Foreign Sites, Even If They Are Illegal

[+M2Ys4U Subscriber¹]

Against a background where some European courts are telling ISPs that they must block access to certain sites (in Finland and the UK, for example), this news from Germany comes as a refreshing change (original German article in Der Spiegel):

Deutsche Telekom must allow access to online betting sites, even if they are illegal in Germany. So ruled the Cologne Administrative Court on Thursday.

This follows a decision in D?sseldorf at the end of last year, where a judge had ruled that Vodafone and Telekom were not responsible for the content of Web sites, because they played no role in selecting material, and therefore should not be forced to block access. Moreover, the latest judgment can be used as a precedent in similar cases, according to the Der Spiegel report.

Of course, this reasoning also applies in those jurisdictions where ISPs have been forced to censor sites. This emphasizes the contradictory rules that are being applied across the EU, and the fact that the law in this area is by no means settled.

Source: TechDirt

Also contrast this with SOPA and PIPA in the USA...

[Miuku.]

Sigh, it shames me that one of our lower courts decided to enforce a stupid block that will fall later on once the complaint gets addressed in the appeal court.

At least German courts have backbone. I applaud them.

[+Majesticmerc MVC]

Good. You shouldn't shut down the roads if the destination has an element of criminal activity. Maybe the German's realize that blocking does nothing to hinder illegal activities on the internet, and only by finding the culprits will they be brought to justice. Granted, it's illegal, but policing the internet is not the ISP's problem, it's up to law enforcement to find the perpetrators. This kind of ruling also prevents the slippery slope to censorship.

Well played Germany (Y)