Germany’s Federal Administrative Court has ruled that only internet service providers (ISPs) directly responsible for transmitting illegal gambling content can be compelled to block access to such websites. This decision limits the scope of regulatory enforcement under the country’s gambling treaty, emphasizing the importance of clear liability for website blocking orders. Germany gambling website blocking
The case originated in October 2022 when the Joint Gambling Authority of the Federal States (GGL) ordered an ISP to block several Malta-based gambling websites that were considered unauthorized in Germany. The ISP challenged this directive, and both the Administrative Court and the Higher Administrative Court supported the ISP’s position. Ultimately, the Leipzig-based Federal Administrative Court upheld these rulings, referencing specific legal provisions, including § 9(1) sentence 3 no. 5 of the GlüStV and § 8 of the Telemedia Act.
In its decision, the court clarified that, although the Telemedia Act has been repealed, the GlüStV still refers to the version of § 8 TMG that was valid when the treaty was enacted. This provision holds that providers are liable only if they initiate content transmission or select the recipients of that content. Since the ISP in question did not meet these criteria and had no proven connections to the gambling operators, the court found the blocking order to be invalid.
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The court also emphasized that § 9(1) sentence 3 no. 5 of the GlüStV is a specific and exhaustive legal rule. This means authorities cannot enforce website blocks outside its defined scope, and no alternative legal basis for the order was identified during the case. As a result, the ruling reinforces the limited liability of ISPs and restricts the GGL’s ability to impose website blocks unless direct responsibility can be established, shaping future legal and regulatory approaches to tackling illegal online gambling activities in Germany. Germany gambling website blocking
