E/CN.4/1998/79
page 28
111. The document relating to this communication may be consulted at the
secretariat (Office of the High Commissioner for Human Rights). The Special
Rapporteur's attention was particularly caught by measures 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 'on-line'. 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 Government goes on: “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
worldwide 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.
112. “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 content cannot be checked in
detail. Therefore, the Federal Government can only appeal to the responsible