The phenomenon of user-generated content is challenging terms used in internet law that appeared clear and unambiguous. Traditional concepts like an “information and communication service” or to provide such services “businesslike” come under pressure due to the hybrid structure of user-generated content, which intermingles personal with public, private with commercial, journalism and self-portrayal.
By way of looking at the scope of application for information obligations in section 5 Telemedia Act (TMG) and section 55 Interstate Treaty on Broadcasting and Telemedia (RStV), this PhD project examines resulting challenges for legal interpretation and application, and proposes possible solutions. One particular research focus lies within the systematic-teleological interpretation of the terms used in said provisions: “normally provided for remuneration”; “serving personal or domestic purposes”; or “journalistic-editorial”. Such terms may claim to be significant beyond the mere realm of information obligations or even information law.