Wikimedia, 4 U 78/13

Oberlandesgericht Stuttgart [Higher Regional Court in Stuttgart], Civil,
Document type
Court Decision
The plaintiff, a TV station owner, alleged that the German-language Wikipedia article about him contained inaccurate information. The Court ruled that Wikimedia is a “service provider” and not a “content provider.” As a service provider, the German Court declared, Wikimedia is not liable for user-generated content, nor should proactively check Wikipedia entries for allegedly illegal or inaccurate content. Furthermore, because it is a service provider, the Wikimedia Foundation may not be held liable for financial damages. If, however, the Wikimedia Foundation is informed of certain content allegedly in violation of local law, according to the court, that content should be removed to maintain immunity from liability. See also Wikimedia Blog post for a summary of the decision in English.
Topic, claim, or defense
Defamation or Personality Rights
Privacy or Data Protection
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Host (Including Social Networks)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)