ABSTRACT
This contribution examines how German courts negotiate the tension between the rights of social media platforms to regulate content on the one hand, and users’ (and the public’s) rights – in particular, their right to freedom of expression – on the other. Unlike most discussions on fundamental rights, these debates have been taking place in civil courts. The Bundesgerichtshof, the highest authority in civil matters, recently ruled against Facebook and ordered more consistency in implementing rules and more clarity in communicating takedowns, but nevertheless confirmed the platform’s right to delete hateful content and block users for violating community standards. However, a judgment on a similar matter is still pending before the Bundesverfassungsgericht, which has the final say on questions of fundamental rights. Although judicial dialogue with international tribunals has yet to develop in this specific area, Germany continues to maintain a globally influential approach to social media regulation.
