Content moderation (according to DSA) 

Stand: 10.05.2024
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TBA-Berlin
Eisenacher Str. 119
10777 Berlin
DSA Contact Person: Carl D. Erling

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Content moderation (according to DSA)

If you use our services and save, upload or post content (text, image, audio or video contributions) in our online services, you are solely responsible for this content and must observe the following rules.

1. Which contents are prohibited?

You may not save, upload or post any content on our online services that violates applicable law or the contracts concluded between us. In particular, you may not

  • be offensive, racist, glorify or trivialise violence, incite hatred, be right-wing extremist, discriminatory, anti-constitutional, harmful to minors, pornographic;
  • violate criminal or administrative offence law;
  • violate the contracts or general terms and conditions concluded with you;
  • infringe the rights of third parties (e.g. trade mark rights and copyrights);
  • violate competition law;
  • violate laws or morality;
  • contain malware or malicious code;
  • violate other rules or guidelines imposed by us (e.g. netiquette).

2. How are the contents checked?

We check the content manually if it is discovered by our employees or if we receive corresponding information from third parties. We do not proactively review content as a matter of principle. However, we reserve the right to review content at our own discretion with regard to compliance with the aforementioned rules and to take any necessary measures as required.

3. What happens to prohibited content?

If there is reasonable suspicion that content violates the rules stated here, we will proceed as follows:

Blocking: The content in question will be blocked immediately.

Comment period: If we have the contact details, we will contact the author of the content and give them a reasonable period of time to respond. If the author does not respond within this period, the content will be deleted.

Final decision: If the author responds or it is not possible to contact the author, we will assess the facts of the case on the basis of the information available and decide what measures we will take. In particular, the following measures are possible:

  • Permanent blocking of the content in question
  • Final deletion of the content in question
  • Issuing a warning to the user
  • Temporary blocking of the user in question (alternatively, partial blocking can also take place)
  • Ordinary or extraordinary cancellation of the contract
  • Criminal complaint or complaint to the public order office (if a criminal offence involving a risk to life, limb or safety of a person is involved, we must report this for legal reasons)

We weigh up our decisions carefully. In doing so, we take particular account of the rights and freedoms of authors and potential data subjects. The follow-up measures will be proportionate. This means that we will always select the mildest measure appropriate to the offence. In particular, we take into account

  • the severity of the offence
  • the number and total number of offences
  • potential impact on our services and our users and other third parties
  • the overall behaviour of the user (e.g. their ability to understand the violation)
  • culpability (intent, negligence)
  • Motives for the offence (if recognisable)
  • The user's defence (if available)

Information: If we have the author's contact details, we will inform them of the result of our evaluation; we will not provide such information if we are not permitted to do so for legal reasons (e.g. ongoing police investigations).

4. How can illegal content be reported?

If you find illegal content on our website or have any suspicion of such content, you can inform us at any time with a special form.
You can also find our contact details in our legal notice. Your personal data will not be passed on to the originator of the reported information.

translated by DeepL

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