Strafrechtliche Verantwortlichkeit für Verweisungen durch Links im Internet

Abstract

The criminality of internet-linking to illegal content of a third internet-provider is judged by the rules of the § 5 TDG/MDStV and the StGB. The liability for content of a third internet-provider according to § 5 TDG/MDStV depends on the differentiation between 'content of a third party' and 'content of a third party, which the link-provider has made as his own content'. The liability for linking according to the StGB concerns mainly the elements of a crime ruled in the general part of the StGB. In this respect, the provider of a Link might be offender or participant of a punishable act by action or wrongful failure to act.