A/52/471
English
Page 13
31. All the measures taken or envisaged by the German Government were duly
noted by the Special Rapporteur, especially those aimed at combating and
preventing a new kind of contemporary form of racism, namely, the use of the
Internet for purposes of racism and racial discrimination. In that connection,
the German Government provided the following information:
"Recently, this has also included the so-called new media, for
instance, on-line services which can be accessed through modern information
and communication technologies. The legal situation can be described as
follows: anything which is harmful or even punishable in an 'off-line'
form must not be assessed or treated differently once it is presented 'online'. However, the legal and investigative possibilities are restricted,
mainly due to the anonymous and frequently international dissemination of
information (international networks).
"The Internet is a typical example of a global information network.
In late 1996, the Federal Government adopted a Federal Bill Establishing
the General Conditions for Information and Communication Services.
Following the parliamentary debate, the Bill will come into force on
1 August 1997. The Bill lays down the basic legal terms for the provision
and use of the new information and communication services. It lays down
the responsibility of the so-called providers, and contains amendments to
the Penal Code and to the Act on Administrative Offences and specific youth
protection provisions, as the Bill extends the Act Concerning the
Distribution of Publications Harmful to Young Persons to the new
information and communication services. The Federal Government has thus
made clear that it actively counteracts the portrayal of violence in the
new media.
"The Bill is based on the principle of freedom of access. It reflects
the fact that the responsibility of those concerned needs to be regulated,
with the providers' responsibility for their own content being governed by
general statutes. The common aim should be to encourage Internet
providers - both nationally and internationally - efficiently to filter out
illegal information on the Internet on a voluntary basis.
"An unequivocal identification procedure for all Internet users world
wide would be required, so as to ensure - both nationally and
internationally - that information which is relevant from a criminal law
point of view is not disseminated via the data networks. This procedure
would be employed at certain nodal points, for instance, where the
information is fed in by the providers ... Industry is called upon to
develop such safe systems and secure them internationally. However, the
terms and systems of criminal law also need to be harmonized.
"When asked about the connection between the portrayal of violence in
the media and the actual use of violence, the Federal Government has
several times appealed to those responsible to limit the portrayal of
violence. However, owing to the freedom of the press, broadcasting and
films which is enshrined in article 5 (1), second sentence, of the Basic
Law, the State must not interfere with, or exert an influence on, the
content of the media. There is also a ban on censorship, so that media
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