• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

What about liability with a Discord server?

26. December 2022
in Law on the Internet
Reading Time: 16 mins read
0 0
A A
0
discord 7509681
Key Facts
  • Discord is an important tool for online communication and has specific liability issues for operators and users.
  • Server operators are responsible for compliance with guidelines and can be held liable for damages.
  • Users are liable for inappropriate posts and must follow the Community Guidelines.
  • Moderators must enforce rules and can be held liable if they neglect their duties.
  • An imprint is necessary for public servers in order to avoid legal consequences.
  • Companies that operate Discord servers must be aware of the liability risks and take security measures.
  • Regular reviews of server policies and active moderation are critical to avoiding liability issues.

For many people, Discord is an indispensable tool for communicating and sharing content online. But who is responsible for the content posted on a Discord server? And what liability exists if someone feels violated by content on a server? The answer to this question is: It depends.

Content Hide
1. Introduction: What is Discord and what is the significance of liability in relation to a Discord server?
2. The role of the host: What is the responsibility of the server host when it comes to the rule violations on the server?
3. Moderators and their control: What influence do moderators have on the content of the server and can they be held liable for policy violations?
4. User liability: Can users of the server be held accountable for inappropriate behavior?
5. Discord and imprint obligation?
6. Run a Discord server as a business? What is the threat of liability?
7. Bottom line: what’s the best way to avoid liability issues when running a Discord server?
7.1. Author: Marian Härtel

First of all, both the operator and the users of the server have responsibility for the content. The operator must ensure that all contributions posted on the server comply with the guidelines and laws. Users must ensure that all posts are appropriate and do not offend or hurt anyone else. However, there is more liability. If someone is harmed by posts in the server, he can claim the operator. The operator can then be held liable for damage caused by his omission or the consequences of which he should have foreseen. To avoid this, operators should regularly check their server and punish those who break the rules. In addition, all users of the server should know that they can be held personally liable if they violate laws or policies and cause harm. They should therefore be careful and always consider what they post – especially on public servers with a large user base.

So, to summarize: Each server operator is responsible for compliance with the policies and laws on his server and can be held liable for damages caused by his failure to do so or the consequences of which he should have foreseen. At the same time, all users of the server must be able to be held personally liable if they violate laws or policies and cause damage as a result. Therefore, it is crucial that both the operator and the users of the server always keep in mind: Only post things that you know are correct!

Introduction: What is Discord and what is the significance of liability in relation to a Discord server?

Discord is a free chat and voice chat platform that allows users to communicate with each other via text and voice. This platform has become one of the most popular platforms for online communities in recent years. Many people use Discord to meet friends and family members, play games, or even build professional businesses. A Discord server is a virtual place for users to interact with each other via text or voice. The server settings determine which other users can have access. Since many people share their personal information on a Discord server or store it online, the question of liability often arises in relation to these servers. Therefore, it is important to know what it means to be held liable and what rights you may have as a Discord server operator.

What does it mean to be held liable?

Being held liable essentially means that you can be held responsible for damages that other people suffer as a result of using the server. However, this risk exists only for server operators; regular users are not liable for the actions of other users on the server. Therefore, it is important to understand what rights you have as an operator and what responsibilities you must bear. The operator of a Discord server has rights related to the server itself. For example, the operator has the sole right to determine to whom access is granted or denied and to what extent such access is granted (through moderation). The operator has the right to make changes to the server at any time and to ensure that no illegal content is shared and/or downloaded. The operator also decides whether and what kind of advertising is allowed on the server and whether private data and financial information may be shared or not. However, using these tools is not only a right, but under certain circumstances also an obligation.

The role of the host: What is the responsibility of the server host when it comes to the rule violations on the server?

As the server host of Discord, you have full responsibility for the rule violations on your server. This means that you are not only responsible to monitor and review your policies, but you are also responsible for the consequences of those violations. If a user violates your policies or treats other users poorly, Discord, as the provider, may hold you, as the server host, responsible. Therefore, it is important that you, as a server host, have proper moderation on the server. A good moderation will allow you to monitor all actions on your server and react immediately if a user breaks the rules. Proper moderation can also help users have an enjoyable and entertaining experience on the server. Moreover, as a server host, it is important that you take the necessary steps to protect users’ privacy. If you request data such as email addresses or personal information, you must ensure that this data is properly protected and stored. Again, it is advisable that you implement and enforce appropriate policies. Once this is done, it can be very helpful to perform regular policy checks on the server. This will help you find out what kind of behavior is accepted and supported by users and what kind of behavior is not acceptable. This way you can detect problems earlier and act in time. Finally, it is important to note that standard safeguards for operations on a Discord server usually do not intervene. Any loss or damage resulting from a rule violation or any other incident is the sole responsibility of the server’s host. Therefore, it is always advisable to act precautionary and minimize any kind of liability for any consequences.

Moderators and their control: What influence do moderators have on the content of the server and can they be held liable for policy violations?

Moderators play an important role in Discord servers, as they are the ones who control the content and enforce user rules. Therefore, it is important that moderators act effectively and appropriately on the server. However, if moderators are not attentive enough or do not follow the rules strictly enough, this can lead to problems. Moderators may be held responsible in the event of a liability issue, especially if they have failed to take certain actions or have not been strict enough in following the rules. In such a case, moderators can be held responsible for damages caused by their failure to comply with the rules. In addition, it is important for moderators to understand that their actions may also be subject to legal consequences. It is therefore advisable for moderators to check and verify beforehand that their actions are within the applicable law. Therefore, it is best that the moderators of the server can regularly review and discuss what is allowed and what is not. They must also be able to respond and act appropriately – weighing both risks and benefits – and ensure that all users respect the rules. This verification is especially important for larger servers with a lot of public traffic. Moderators should also receive feedback from users at regular intervals and take this seriously so that any problems can be identified and resolved at an early stage.

User liability: Can users of the server be held accountable for inappropriate behavior?

Yes, users of the Discord server can be held accountable for inappropriate behavior. All users must abide by the Community Guidelines, which are designed to protect privacy and prevent cyberbullying. If a user violates these guidelines, they may be removed from the server or even face legal action. It is also important to note that there are some legal issues that you may encounter when managing a Discord server. One example of this is copyright infringement: If users upload materials without the permission of the rights holder, they can be held liable. For this reason, it is advisable for server owners to establish a copyright policy and ensure that all users follow it. Precautions should also be taken with regard to data security and data protection. Finally, there is another risk: spamming. If someone tries to bombard the server full of unwanted bots or other content, it can have serious consequences for the operator. To avoid problems with spamming and other malicious actions, you should always be attentive and watch for any signs of abuse.

Discord and imprint obligation?

Whether an imprint is required on a Discord server depends on the type of server. For private servers, where only friends and acquaintances communicate with each other, an imprint is usually not required. But for public servers where numerous members log in or even have a commercial focus, creating an imprint is essential. It is important to note that disregarding the imprint obligation may result in corresponding warnings. Therefore, operators of public Discord servers should seek appropriate legal advice to ensure that their imprint contains all necessary information and complies with applicable laws. Even if an imprint is required, there is still the question of liability for content on the server. Here, too, the legislation varies depending on the country and region. For this reason, it is important for operators of public Discord servers to familiarize themselves with the regional legal situation and seek professional support if necessary.

Run a Discord server as a business? What is the threat of liability?

As a business, a Discord server can be a great way to reach out and stay in touch with customers. It is therefore important that companies are aware of the risks involved in operating this platform. Some risks that companies should consider before running a Discord server are: First, there is always the risk of users posting inappropriate or unwanted content. Although moderators can review content and take appropriate action to remove or block such content, it is not always possible to detect and prevent all suspicious activity. This can mean that companies can be held liable for harmful content. Second, there is always a risk of copyright infringement. When users upload or share unauthorized copies of files, this can be considered copyright infringement in the eyes of the law and can lead to liability claims. Third, there is always a risk of data theft or data security. Although Discord has tried to improve the security of its platform, cybercriminals still pose a threat and may try to steal private information from the server. It is therefore important that companies take regular security measures and inform users about proper behavior on the server. Otherwise, companies can be held liable for any theft or damage situation. Fourth, there is still the risk of misusing the server or using illegal services. If other people engage in illegal activities on the server, such as hacking or phishing, this behavior can potentially be directly blamed on the server operator and thus be held liable. It is therefore critical that companies consider all potential liability risks and take appropriate precautions before beginning to operate a Discord server. For example, a policy should be created in advance that specifies what kind of content is allowed and what is not; another policy should help users understand what is not acceptable; and finally, strict security measures should be taken to prevent data theft and abuse of the server. And servers should never “hang around” unmoderated or unattended. Dan rather close the server!

Bottom line: what’s the best way to avoid liability issues when running a Discord server?

In conclusion, it is important to run a Discord server that is prepared for liability issues. This means that all server rules and policies must be precisely defined. It is equally important to use moderators who can ensure that all users follow the rules of the server. Moderators should also be able to provide assistance and support to users as needed. Another important step in avoiding liability problems is to only allow trusted members or to strictly review content. It is also helpful to create regular reports and know about the customs on the server. Finally, it is important to note that claims for damages against Discord server owners are always possible. It is therefore advisable to consider insurance coverage for such cases that also offers protection in the corporate environment.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BeratungCase lawChatCopyright infringementDamagesDiscordE‑mailFeeHaftungImprint obligationInformationKILawsMailPrivacyServerSicherheitSpamTestUrheberrechtWarning

Weitere spannende Blogposts

Is a new Privacy Shield coming in 2023?

Valve + 5 game publishers and violation of geoblocking/antitrust law
2. January 2023

Will the European Commission's new adequacy decision finally promote transatlantic data transfers between the U.S. and the EU? On 13/12/2022,...

Read moreDetails

BGH decides on premature termination of Ebay auction

Small summary – Blizzard vs. Bossland
23. February 2023

Yesterday, the Federal Court of Justice (BGH) issued a decision on the conditions under which the seller may cancel the...

Read moreDetails

VG Media loses at the ECJ over performance protection law

Publication of sales advertisements and classification as a trader
13. September 2019

VG Media brought an action for damages against Google before the Berlin Regional Court, alleging that Google had infringed the...

Read moreDetails

Mobile games as a service commission – recover sales tax?

judge plays videogames in his spare time
7. November 2022

The sale of mobile games or even in-app sales of computer games via app stores constitutes a service commission under...

Read moreDetails

BGH and the death blow for sampling

BGH and the death blow for sampling
7. November 2022

The Federal Court of Justice has once again ruled on the question of the conditions under which the rights of...

Read moreDetails

The Future of Influencer Regulation in Germany: A Look at the French Model and the 2022 Changes

9. June 2023

Introduction: Influencers are individuals who play a significant role in the modern advertising landscape due to their strong presence and...

Read moreDetails

Kramp-Karrenbauer wants to limit expression of opinion by influencers

7. November 2022

Actually, I try to keep the blog here relatively free of political topics, because otherwise you get bogged down with...

Read moreDetails

Pay by invoice via Klarna

7. November 2022

Since today I have integrated the provider "Klarna" as a payment option here on the site. Klarna is an extra...

Read moreDetails

Gambling costs money again II

Lottery brokerage/gambling/betting on the Internet without permission?
26. November 2019

For a while, courts tended to suggest that someone who participated in games of chance not licensed or authorised in...

Read moreDetails
White Label Agreement

White Label Agreement

15. October 2024

Ein White Label Agreement ist eine vertragliche Vereinbarung zwischen zwei Unternehmen, bei der ein Unternehmen (der Hersteller) ein Produkt oder...

Read moreDetails
Gewerbesteuer

Gewerbesteuer

16. October 2024
copyright 5132627 1280 1

11. April 2025
Right to data portability

Right to data portability

16. October 2024
VSOP Programm

VSOP Programm

26. June 2023

Podcast Folgen

8ffe8f2a4228de20d20238899b3d922e

Web3, blockchain and law – a critical review

26. September 2024

  In this insightful episode of the ITmedialaw podcast, we take an in-depth look at the intersection of Web3, blockchain...

75df8eaa33cd7d3975a96b022c65c6e4

Life as an IT lawyer, work-life balance, family and my career

26. September 2024

In this captivating episode of my IT Medialaw podcast, I, Marian Härtel, share my personal journey as a passionate IT...

Legal challenges in the gaming universe: A guide for developers, esports professionals and gamers

What will 2025 bring for start-ups in legal terms? Opportunities? Risks?

24. January 2025

In this exciting episode of the itmedialaw podcast, we take a deep dive into the legal developments that will shape...

d5e1e6cad87cb839a9e23af79034bd94

AI in the legal system: Towards a digital future of justice

16. October 2024

In this fascinating podcast episode, we take a deep dive into the world of artificial intelligence (AI) and its impact...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung