Germany first to bring in Internet regulating law

Last week Germany became the first country to pass a law regulating the commercial wheel of the Internet.

Chancellor Helmut Kohl's government brought in the so-called "multimedia law" which, said his spokesmen, "creates legal clarity" that will help boost the commercialisation of the Internet as well as deterring illegal use of it.

But observers are not convinced Germany's first steps towards regulation will be welcomed by all. It is still not clear how responsible an ISP, for example, will be held for the content hosted on its servers. Even German ministers are not sure how popular the law will be. "This is a completely new place for us to find ourselves," said Joerg Appelhans, a spokesman for Germany's research and technology ministry.

According to the law, on-line providers can be prosecuted for hosting illegal content if they do so knowingly and it is "technically possible and reasonable" for them not to. But James Gardiner, marketing manager at Demon Internet, believes the move will split Europe, leaving Germany out on a limb. "This is quite different to how the rest of the world is moving. We (the rest of Europe) are moving towards a rating system such as the one suggested by the Internet Watch Foundation. If I were an ISP in Germany I would be very worried."

The American Chamber of Commerce in Germany said liability for Internet services will have to be tested by court rulings, which could make investors hesitate before pouring cash into on-line businesses.

But research and technology minister Juergen Ruettgers said the law was needed to protect German children. "That applies even to a network that knows no national borders. The Internet is not outside the reach of the law," he said.

Comment:

Germany must be paranoid about the content on its servers otherwise it would wait until a pan-European solution surfaced. In the meantime, German ISPs who fail to spot illegal content or react slowly to it could be in for a rough ride.