The German Network Enforcement Act (NetzDG) can be enforced by removing content and blocking


Social network operators can enforce compliance with the Code of Conduct both by removing the illegal content and by blocking the user account concerned. However, the contract concluded between the operator and the user on registration includes protection obligations of the operator. Pursuant to ยงย 241 (2) BGB, this leads to an indirect third-party execution of the fundamental rights. Consequently, the platform operator may only remove and block the content if it is objectively justified and not arbitrary. Statements covered by freedom of expression can therefore not lead to suspension or deletion. [LG Frankfurt 14.05.2018, 2-03 O 172/48]