GGL and gambling: No way through network blocks
The Joint Gambling Authority of the German States (GGL) wanted to oblige internet providers to block access to certain websites offering illegal gambling. However, the Federal Administrative Court in Leipzig has now clarified that this is only possible if the providers are actually liable under Section 8 of the Telemedia Act (TMG) – and that is not the case here.
There are clear rules for online gambling in Germany. Anyone offering games like slots or online poker without a German license operates in a legal gray area. The GGL (German Gambling Authority) is responsible for taking action against such offerings. One way to do this is through so-called network blocking: Internet providers should simply block certain sites so that users from Germany can no longer access them.
Court decision against GGL
However, an internet provider is primarily responsible only for the internet connection – they do not decide what content their customers access. Therefore, these providers are also not responsible for the content that runs over their networks. This is precisely what the Federal Administrative Court has confirmed: A blocking order can only be issued against companies that are considered "responsible service providers" under Section 8 of the Telemedia Act. Yes since internet providers neither create nor control gambling offerings, this does not fall within their area of responsibility.
The ruling shows that internet blocking in Germany can only be enforced under certain conditions. Internet providers are not obligated to block sites if they themselves are not responsible for their content. The GGL must therefore find other ways to combat illegal gambling—for example, by taking direct action against the site operators.
The ruling is a setback for the German Gambling Authority. It intended to combat illegal gambling by blocking the internet, but now lacks the legal basis for doing so. The providers are often based abroad, such as in Malta, and are difficult to control from Germany. Instead of dealing with them directly, blocking them through German internet companies should have been a simpler solution. This is no longer possible.
