Netzdurchsetzungsgesetz ("NetzDG")

This page explains the Network Enforcement Act ('NetzDG'), and provides information about how to report unlawful content identified in the NetzDG. The NetzDG is a German law that requires social networks to maintain a procedure for handling complaints about unlawful content. The full language of the NetzDG can be found here.

The Federal Office of Justice has published frequently asked questions about the law, which can be found here. Please note that ivana separately maintains Community Guidelines that do not allow certain types of content. You can report content that you think violates ivana’s Community Guidelines by using the Report button that appears near the content itself.

If you believe that content posted on ivana is unlawful under the NetzDG, you may submit a report in accordance with the NetzDG by contacting us via info@ivana.tech. Submitting reports in accordance with the NetzDG is only available in Germany.

What can you report?
You can report content under NetzDG if it violates the German Criminal Code ('GCC') listed in the NetzDG. NetzDG does not cover all types of unlawful content that may be posted on ivana. For example, it does not cover intellectual property rights such as copyright or trademark, rights to your own image or general data protection rights. Other types of content that you believe may violate our Community Guidelines should be reported through the appropriate channel. You can find additional information in our Help Centre on how to report this type of content.
Only content that falls within the following criminal laws is subject to NetzDG:

  • Sect. 86 GCC – dissemination of propaganda material of unconstitutional organisations [https://www.gesetze-im-internet.de/stgb/__86.html].
  • Sect. 86a GCC – using symbols of unconstitutional organisations [https://www.gesetze-im-internet.de/stgb/__86a.html].
  • Sect. 89a GCC – preparation of a serious violent offence endangering the state [https://www.gesetze-im-internet.de/stgb/__89a.html].
  • Sect. 91 GCC – encouraging the commission of a serious violent offence endangering the state [https://www.gesetze-im-internet.de/stgb/__91.html].
  • Sect. 100a GCC – treasonous forgery [https://www.gesetze-im-internet.de/stgb/__100a.html].
  • Sect. 111 GCC – public incitement to crime [https://www.gesetze-im-internet.de/stgb/__111.html].
  • Sect. 126 GCC – breach of the public peace by threatening to commit offences[https://www.gesetze-im-internet.de/stgb/__126.html].
  • Sect. 129 through 129b GCC – forming criminal or terrorist organisations [https://www.gesetze-im-internet.de/stgb/__129.htmll, https://www.gesetze-im-internet.de/stgb/__129a.html, https://www.gesetze-im-internet.de/stgb/__129b.html].
  • Sect. 130 GCC – incitement to hatred [https://www.gesetze-im-internet.de/stgb/__130.html].
  • Sect. 131 GCC – dissemination of depictions of violence [https://www.gesetze-im-internet.de/stgb/__131.html].
  • Sect. 140 GCC – rewarding and approving of offences [https://www.gesetze-im-internet.de/stgb/__140.html]
  • Sect. 166 GCC – defamation of religions, religious and ideological associations [https://www.gesetze-im-internet.de/stgb/__166.html]
  • Sect. 184b in conjunction with 184d GCC – distribution, acquisition and possession of child pornography [https://www.gesetze-im-internet.de/stgb/__184b.html][https://www.gesetze-im-internet.de/stgb/__184d.html]
  • Sect. 185 through 187 GCC – insult and defamation [https://www.gesetze-im-internet.de/stgb/__185.html][https://www.gesetze-im-internet.de/stgb/__186.html][https://www.gesetze-im-internet.de/stgb/__187.html]
  • Sect. 201a GCC – violation of intimate privacy by taking photographs [https://www.gesetze-im-internet.de/stgb/__201a.html]
  • Sect. 241 GCC – threatening the commission of a felony [https://www.gesetze-im-internet.de/stgb/__241.html]
  • Sect. 269 GCC – forgery of data intended to provide proof [https://www.gesetze-im-internet.de/stgb/__269.html]

    • How do I report content I believe is subject to the NetzDG?
    If you believe that content on ivana falls under one of the German Criminal Code provisions covered by the NetzDG, please contact us via info@ivana.tech. The NetzDG requires covered social networks to maintain certain statistics including the number of reports they receive from users under the NetzDG and how these reports were addressed. So that we can comply with these reporting obligations, it is important that content you believe falls within the NetzDG is reported through the NetzDG reporting form. Before you submit a report under the NetzDG, you may want to send a message to the person who posted the content. You may be able to resolve the issue without contacting ivana. In addition, allegations of illegality are a serious matter, and you may wish to seek guidance from an attorney or regulatory body before submitting a report.

    What information do I need to include in a report under the NetzDG?
    In order for us to process your report, we need sufficient information regarding the content that you believe is unlawful under the NetzDG. Please include the following information in your report:
  • Your complete contact information, including whether you are an official authority under NetzDG.
  • A screenshot of the content
  • Section(s) of the German Criminal Code that you believe are violated by the content you are reporting
  • The specific statements or images in the reported content that you believe are unlawful under the NetzDG
  • Why you believe these statements or images are unlawful under the NetzDG
  • A court order, if available
  • Your electronic signature

    • What happens after I contacted you to report under the NetzDG?
    If you submitted a report by contacting us via info@ivana.tech, you'll receive an email that will ask you about information about your report, including a unique report number. You should save this number in case you need to contact us about your report. We may respond to your report and ask for more information. If you receive an email from us, please respond directly to that email so that our team can continue to look into your report. When we remove access to content in response to a report under the NetzDG, we will inform you and the person who posted the content of our decision and the reasons for that decision. Please note that if you report content through the NetzDG form, we will not identify you to the person who posted it unless we need additional information from that person as set forth in NetzDG section 3 subsection (2) number (3) letter (a).

    In which cases can someone turn to the authorised recipient (Zusetllungsbevollmächtigter) under section 5(1) NetzDG?
    The authorised recipient for administrative and civil procedures according to § 5(1) NetzDG is not authorised to accept reports requesting removal of content under the NetzDG or any other applicable law. The authorised recipient is only authorised to accept service of certain court documents and documents from competent authorities on account of the dissemination or the unfounded assumption of the dissemination of unlawful content within the scope of the NetzDG. If you want to report content that you believe may be unlawful under the NetzDG, please use the NetzDG reporting form. Please note that submitting reports in accordance with the NetzDG is only available in Germany.

    What is the difference between NetzDG and ivana’s Community Guidelines?
    We've developed a set of Community Guidelines, which outline what is and isn't allowed on ivana. Our Community Guidelines apply to content worldwide and are integral to protecting both expression and personal safety on ivana. A wide range of objectionable or harmful content is prohibited under the Community Guidelines, including content that promotes violent and criminal behaviour, content that threatens the safety of others, hate speech, graphic content, spam and content that is harmful to minors.

    The Network Enforcement Act ('NetzDG') is a German law that requires social networks to maintain a procedure for handling complaints about unlawful content. We take a 2-step approach to reviewing content that is reported through the NetzDG reporting form. Firstly, we review the reported content under our Community Guidelines. If content that is reported to us through the NetzDG reporting form violates our Community Guidelines, it's removed from ivana globally and the review process concludes. Secondly, if the reported content doesn't violate our Community Guidelines, we review it for legality based on the report. In this part of the process, an assessment is made of whether the reported content violates the relevant provisions of the German Criminal Code listed in the NetzDG. If it's decided that the reported content is unlawful under the NetzDG, access to that content in Germany is disabled.

    Where can I see ivana NetzDG transparency reports? You can review our transparency reports in German and English at the links below.
  • No reports yet

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