German Court Limits Website Blocking to Liable Internet Providers Under Gambling Law
Germany’s highest administrative court has ruled that internet providers can only be forced to block access to illegal gambling websites if they are directly responsible for transmitting that content. The decision, based on the country’s gambling treaty and former internet laws, limits how far regulators can go when trying to stop unauthorized online gambling.
Court Rejects Access Block Ordered by Gambling Authority
The case involved an internet service provider (ISP) that was ordered in October 2022 by the Joint Gambling Authority of the Federal States (GGL) to block several gambling websites operated from Malta. These sites were deemed to offer unauthorized gambling services in Germany. The ISP challenged the order, and both the Administrative Court and the Higher Administrative Court ruled in its favor.
The Leipzig-based Federal Administrative Court has now upheld those rulings, confirming that website blocking orders under § 9(1) sentence 3 no. 5 GlüStV can only be issued against service providers responsible under § 8 of the Telemedia Act.
Reference to TMG Remains Valid Despite Repeal
Although lawmakers have repealed the Telemedia Act, the court stated that the GlüStV still refers to the version of § 8 TMG valid at the time the treaty took effect. According to that version, a provider is only responsible if it initiates or selects the transmitted content.
In this case, the ISP did neither. It did not initiate the transmission of gambling content or choose which users received it. The court also found no evidence of cooperation between the ISP and the gambling operators. Without such involvement, the ISP could not be held liable.
The court also ruled out other legal grounds for enforcing the access block. It emphasized that § 9(1) sentence 3 no. 5 GlüStV is a special and exhaustive regulation. Authorities cannot impose blocking orders outside the limits of this clause.
This decision reinforces the principle of limited liability for access providers and restricts the GGL’s ability to enforce blocks on illegal gambling content solely through ISPs, unless a direct responsibility under the applicable legal framework can be established.