Informationsfreiheit ›trotz‹ Netzwerkdurchsetzungsgesetz?

German
The NetzDG already experienced considerable constitutional criticism from academia, politics and society during the legislative process. This paper addresses this issue, focusing on the question of the design of compliance regulations in harmony with freedom of information. To this end, the significance of this is briefly traced at the outset. Subsequently, the compliance regulations of the NetzDG are assessed de lege lata against this background, whereby the author recognises an unconstitutionality of the design. Following the findings, various approaches to amendment are discussed de lege ferenda, whereby comparative law aspects are also included. Due to the constitutional requirements and the existing regulatory structure, a recommendation is made to implement only selected proposals for amendment. The paper concludes with a concrete proposal for amending the NetzDG.

English
"Freedom of Information 'Despite' Network Enforcement Law? A Constitutional Consideration of the Compliance Regulations": The NetzDG received considerable criticism during the legislative process. The compliance regulations of the NetzDG are therefore subjected to a constitutional review with regard to the freedom of information. Since the compliance regulations were found to be unconstitutional in this context, various amendment proposals are then discussed. Due to the constitutional requirements and the existing regulatory structure, an implementation of some amendment proposals are requested.