Grundrechtliche Einordnung sozialer Netzwerke vor dem Hintergrund des Netzwerkdurchsetzungsgesetzes (NetzDG)

The influence on public opinion of social networks such as Facebook and Twitter regarding the process of political decision-making is constantly evolving. However, the discussion whether these networks are holders of the fundamental right of media freedom is still in its "infancy stage". This piece takes up this topic, which is practically relevant, but still lacks adequate scientific research. Against this background, the paper addresses the Network Enforcement Act (NetzDG) which came into effect in Germany on 1 October 2017. With this law, the federal legislature has imposed proactive inspection obligations on certain providers of social networks. Operators are now legally required to check contents to ensure it does not violate German penal law.