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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