A domain registrar has no relationship with the operators of the third-level domain. Is he nevertheless liable as a disturber for content posted on the third-level domain? The Berlin Court of Appeal had to decide on this.
A private individual requested that the registrar refrain from publishing his residential address on an internet domain. The person concerned was of the opinion that this violated his general right of personality and therefore also had claims against the registrar of the Domain to have.
The registrar denied any responsibility for content on the third-level domain (subdomain). The domain holder had allowed an unknown third party to operate a third-level domain. In any case, he could not be held liable for content infringing personal rights on such domains.
Decision of the court
In its decision dated 10.07.2014 – Ref. 10 W 142/13 assumes a broad concept of "Stoerer". The registrar, who would merely provide the actual perpetrator with legal assistance in using the internet, could also be liable as a so-called interferer. The prerequisite is that he has the legal possibility to prevent the infringement. He has this possibility due to his contract with the domain holder. The fact that the domain holder allowed an unknown third party to operate a third-level domain that contained content infringing personal rights did not invalidate the registrar's status as a disturber.
It does not matter whether the registrar has any influence on the content of the publications. The domain registrar must take the necessary steps to remedy the infringement as soon as it becomes aware of it.
The court states the specific steps to be taken: The registrar must exert influence on the domain holder, who is its customer, so that the latter in turn exerts influence on the removal of the post in question. If this step remains unsuccessful, the domain registrar even has to delete the entire domain.
Conclusion
Liability for interference is also applied to the domain registrar in cases where infringing content is not posted by the domain holder but by their customers on a subdomain.
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