Monitoring chats and content in online games: Between the protection of minors and the prevention of criminal offenses

As a lawyer specializing in IT law and media law, I have dealt intensively with the legal challenges arising from the monitoring of chats and content in online games. The discussion about the liability of platform operators for illegal user content is complex and touches on both civil and criminal law aspects. A few days ago, I published an excursus on the liability of platform operators for illegal user content. In view of a recent ZDF documentary on cybergrooming in online games such as Roblox, I would like to focus in this article on the question of whether and to what extent computer game providers are obliged to monitor chats, groups and other content in their games. The legal questions that arise here concern not only liability, but also the responsibility of platform operators with regard to the protection of users and compliance with legal regulations. The protection of minors is a key issue, as online games are often used by children and young people who are particularly vulnerable. The Federal Agency for the Protection of Children and Young Persons in the Media (BzKJ) plays an important role here by monitoring compliance with the provisions of the German Youth Protection Act (JuSchG).

These regulations govern the protection of children and young people from harmful media content and require platform operators to make age labels clearly visible on their platforms. The implementation of age verification mechanisms and the monitoring of chats are crucial to ensure that minors are not exposed to harmful content. Platform operators must therefore take measures to ensure that their users are protected and that no illegal content is distributed. This requires a careful balance between the need for monitoring and the protection of users’ privacy. The legal challenges here lie in the balance between protecting users and guaranteeing freedom of expression. The implementation of notice-and-action systems is essential to ensure that illegal content is quickly identified and removed. These systems enable platform operators to respond to specific notices and remove illegal content before it can cause harm. It is also important that platform operators have clear terms of use and train their staff in legal requirements in order to respond effectively to notices.

Protection of minors in online games

The protection of minors is a key issue in the area of online games, as these are often used by children and young people. The Federal Agency for the Protection of Children and Young Persons in the Media (BzKJ) monitors compliance with the provisions of the German Youth Protection Act (JuSchG), which regulates the protection of children and young people from harmful media content. These regulations require platform operators to clearly display age labels on their platforms in order to inform users of potential risks. The implementation of age verification mechanisms and the monitoring of chats are crucial to ensure that minors are not exposed to harmful content. Platform operators must therefore take measures to ensure that their users are protected and that no illegal content is distributed. This requires a careful balance between the need for monitoring and the protection of users’ privacy. The legal challenges here lie in striking a balance between protecting users and guaranteeing freedom of expression.

Compliance with youth protection regulations is also supported by the Entertainment Software Self-Regulation Body (USK), which issues age ratings for games. If platform operators do not comply with the USK guidelines, they can expect consequences such as the removal of the game from the sales channels or the imposition of fines. In addition, violations of the Youth Protection Act can lead to consequences under criminal law, especially when it comes to the distribution of harmful content to minors. In such cases, the BzKJ can take measures to ensure that the regulations are complied with. This also includes the imposition of fines or the ordering of measures to remove the illegal content.

The implementation of notice-and-action systems is essential to ensure that illegal content is quickly identified and removed. These systems enable platform operators to respond to specific notices and remove illegal content before it can cause harm. It is also important that platform operators have clear terms of use and train their staff in legal requirements in order to be able to respond effectively to reports. The BzKJ works closely with platform operators to ensure that regulations are adhered to and users are protected. Cooperation between the authorities and platform operators is crucial in order to effectively implement the protection of minors. The legal aspects of the protection of minors are complex and require careful consideration of the legal regulations and the technical options for implementing these regulations. The implementation of technical solutions for content moderation is crucial here to ensure that platform operators can fulfill their obligations.

The consequences of violations of the Youth Protection Act can be considerable. In addition to the measures already mentioned by the USK and the BzKJ, other authorities such as the state media authorities can also intervene. These can impose fines or order other measures to ensure that the regulations are complied with. In addition, consumer protection associations or parents’ initiatives can take action against platform operators if they are of the opinion that they are not sufficiently addressing the needs of children and young people. Cooperation between the authorities and platform operators is crucial to ensure that users are protected and that regulations are complied with. By implementing appropriate measures, platform operators can fulfill their obligations and protect users at the same time. The liability provisions of the DSA provide a clear framework for platform operators to quickly remove unlawful content while protecting freedom of expression. The prevention of criminal offenses and the protection of minors require close cooperation between platform operators, the authorities and the users themselves. Only through this cooperation can it be ensured that online gaming remains a safe and enjoyable place for all users.

Legal requirements and liability

The legal requirements for platform operators have changed considerably as a result of the Digital Services Act (DSA) and the German Digital Services Act (DDG). These laws regulate the liability of platform operators for illegal content in a new way and thus create a clear legal basis for the digital economy. Platform operators are only liable for illegal content if they are aware of it and do not act immediately. A general monitoring obligation is expressly excluded, which means that platform operators are not obliged to constantly monitor all content. However, they must take action in the event of specific indications of illegal content and take appropriate measures to remove this content. This regulation prevents operators from being forced into a general monitoring obligation, which protects freedom of expression and at the same time guarantees the protection of the rights of third parties.

Breach of contract liability plays a central role here. It states that platform operators are only liable if they are aware of illegal content and do not act immediately. This regulation protects freedom of expression by preventing a general monitoring obligation and at the same time guarantees the protection of the rights of third parties. However, operators must take immediate action in the event of specific indications in order to avoid damage. If these obligations are not met, liability is triggered as indirect liability for interference. This regulation increases consumer confidence in digital services as it ensures that illegal content is removed quickly. At the same time, rights holders are strengthened, as they can assert their claims if the operator fails to respond.

The implementation of internal processes to review and remove illegal content is essential for platform operators. These processes must be designed in such a way that they enable a rapid response to specific reports. This also includes training staff in legal requirements and establishing notice-and-action systems. These systems enable platform operators to respond to specific notices and remove illegal content before it can cause damage. Further information on the liability regulations of the DSA and their impact on platform operators can be found in my [Blogbeitrag](https://itmedialaw.com/dsa-haftung-juristische-klarheit-fuer-plattformbetreiber-fachliche-einblicke-fuer-influencer-und-rechteinhaber/).

The legal requirements for platform operators are complex and require a careful balance to be struck between the need for surveillance and the protection of user privacy, as well as ensuring freedom of expression. Cooperation between the authorities and platform operators is crucial to ensure that the legal requirements are implemented effectively. By implementing appropriate measures, platform operators can fulfill their obligations while protecting users. The liability provisions of the DSA provide a clear framework for platform operators to quickly remove illegal content while protecting freedom of expression. The prevention of criminal offenses and the protection of minors require close cooperation between platform operators, the authorities and the users themselves. Only through this cooperation can it be ensured that online gaming remains a safe and enjoyable place for all users.

Criminal law aspects and prevention of criminal offenses

In addition to civil liability regulations, there are also criminal law aspects that are relevant when monitoring online games. The German Criminal Code (StGB) regulates offenses such as the distribution of child pornography or incitement to commit crimes. Platform operators who are aware of such content and fail to act can be prosecuted. This underlines the importance of proactive monitoring and a rapid response to reports. In addition, violations of the Youth Protection Act can also result in criminal prosecution, especially when it comes to the distribution of harmful content to minors. The criminal law aspects are crucial as they underline the responsibility of platform operators with regard to user protection and compliance with legal regulations. The implementation of technical solutions for content moderation is crucial to ensure that platform operators can fulfill their obligations. Cooperation between the authorities and platform operators is crucial in order to effectively implement the criminal law aspects. The legal challenges here lie in striking a balance between protecting users and ensuring freedom of expression. The implementation of notice-and-action systems is essential to ensure that illegal content is quickly identified and removed. These systems enable platform operators to respond to specific notices and remove illegal content before it can cause damage.

In addition to the protection of minors, the prevention of criminal offenses plays an important role. Phenomena such as cybergrooming, where perpetrators make children and young people vulnerable online, are particularly worrying. The prevention of such crimes requires careful monitoring of chats and interactions in online games. Platform operators must take measures to ensure that their users are protected. This can be done through the use of content filters or AI-based detection systems that recognize potentially illegal content at an early stage. In addition, platform operators should have clear terms of use and train their staff in legal requirements in order to be able to respond effectively to tips. The prevention of criminal offenses requires close cooperation between the platform operators, the authorities and the users themselves. Only through this cooperation can it be ensured that online gaming remains a safe and enjoyable place for all users. The legal challenges here lie in the balance between the need for monitoring and the protection of user privacy, as well as ensuring freedom of expression. The implementation of technical solutions for content moderation is crucial to ensure that platform operators can fulfill their obligations. Cooperation between the authorities and platform operators is crucial in order to effectively implement the prevention of criminal offenses.

Overall, both the criminal law aspects and the prevention of criminal offenses are crucial to ensure that platform operators fulfill their obligations and protect users. By implementing technical solutions for content moderation, such as content filters and AI-based systems, platform operators can identify and remove illegal content at an early stage. It is also important that staff are trained in legal requirements so that they can respond effectively to reports. Cooperation between the authorities and platform operators is crucial to ensure that the criminal law aspects and the prevention of criminal offenses are implemented effectively. Only through this combination can it be ensured that online gaming remains a safe and enjoyable place for all users. The legal challenges here lie in the balance between the need for surveillance and the protection of user privacy, as well as ensuring freedom of expression. Implementing these measures is essential to ensure that platform operators fulfill their obligations and protect users.

Competition law aspects

Competition law also plays a role in the monitoring of online games. The Unfair Competition Act (UWG) prohibits unfair actions that could impair the competitive relationship. If platform operators do not react to illegal content that could affect competition, they can be held liable under competition law. This can be particularly relevant when it comes to the dissemination of false information or the promotion of unfair business practices. The competition law aspects are crucial as they ensure fairness in competition and prevent platform operators from gaining a competitive advantage by ignoring illegal content. The implementation of measures to monitor and remove illegal content is therefore necessary not only for civil and criminal law reasons, but also for competition law reasons.

In practice, platform operators who do not react to illegal content may be confronted with warning letters. These warnings can be issued by competitors or consumer protection associations if they are of the opinion that the platform operators are violating the UWG. Warning letters are often the first step in competition law proceedings and can lead to considerable financial burdens if they are not answered in time or the required measures are not implemented. It is therefore crucial for platform operators to act proactively and remove illegal content quickly in order to minimize competition law risks.

The legal challenges here lie in balancing the need for surveillance with the protection of users’ privacy and ensuring fair competition. Cooperation between the authorities and platform operators is crucial in order to effectively implement the competition law aspects. The implementation of notice-and-action systems is essential to ensure that illegal content is quickly identified and removed. These systems enable platform operators to respond to specific notices and remove illegal content before it can cause harm. It is also important that platform operators have clear terms of use and train their staff in competition law requirements in order to respond effectively to notices.

The competition law aspects are closely linked to the civil law and criminal law aspects, as all three areas aim to protect users and ensure fairness in competition. By implementing measures to monitor and remove illegal content, platform operators can not only minimize competition law risks, but also assume their responsibility towards users. Cooperation between the authorities and platform operators is crucial to ensure that competition law aspects are implemented effectively and that online gaming remains a safe and fair place for all users.

Technical solutions and fault reports

The implementation of technical solutions for content moderation is crucial to ensure that platform operators can fulfill their obligations. This includes content filters that automatically detect and flag suspicious content, as well as AI-based systems that can analyze complex patterns in communication. These technologies help to identify and remove potentially illegal content at an early stage before it can cause harm. In addition, clear guidelines and training for staff are essential to ensure that all employees know how to respond to notices. Technical solutions must be carefully selected and implemented to ensure that they are effective and do not violate user privacy. The legal challenges here lie in balancing the need for surveillance with the protection of users’ privacy and ensuring freedom of expression. Cooperation between the authorities and platform operators is crucial in order to implement the technical solutions effectively. The implementation of notice-and-action systems is essential to ensure that illegal content is quickly identified and removed. These systems enable platform operators to respond to specific notices and remove illegal content before it can cause harm.

Practice shows that platform operators often find it difficult to strike a balance between the need for monitoring and the protection of their users’ privacy. Particularly in the case of online games such as Roblox, which are frequently used by children and young people, it is crucial that operators respond appropriately to reports of interference. If platform operators do not respond to specific reports, they can be held liable. This can lead to significant legal and financial consequences, especially when it comes to the protection of minors. The implementation of notice-and-action systems is therefore essential to ensure that illegal content is quickly identified and removed. These systems enable platform operators to respond to specific notices and remove illegal content before it can cause harm. It is also important that platform operators have clear terms of use and train their staff in legal requirements in order to be able to respond effectively to notices. The legal challenges here lie in the balance between the need for monitoring and the protection of users’ privacy, as well as ensuring freedom of expression. Cooperation between the authorities and platform operators is crucial in order to effectively implement the response to incident reports.

Overall, the combination of technical solutions for content moderation and an appropriate response to incident reports is crucial to ensure that platform operators fulfill their obligations and protect users. By implementing content filters, AI-based systems and notice-and-action systems, platform operators can quickly identify and remove illegal content. It is also important that staff are trained in legal requirements so that they can respond effectively to notices. Cooperation between the authorities and platform operators is crucial to ensure that the technical solutions and the response to incident reports are implemented effectively. Only through this combination can it be ensured that online gaming remains a safe and enjoyable place for all users. The legal challenges here lie in balancing the need to monitor with the need to protect user privacy and ensure freedom of expression. Implementing these measures is essential to ensure that platform operators fulfill their obligations and protect users.

Conclusion

The monitoring of chats and content in online games is crucial both for the protection of minors and for the prevention of criminal offenses. As a lawyer, I see it as my job to help platform operators fulfill their obligations without jeopardizing the privacy of their users. By implementing appropriate measures, they can help make online gaming safer while complying with legal requirements. The liability provisions of the DSA provide a clear framework for platform operators to quickly remove illegal content while protecting freedom of expression. The prevention of criminal offenses and the protection of minors require close cooperation between platform operators, the authorities and the users themselves. Only through this cooperation can it be ensured that online games remain a safe and enjoyable place for all users. The legal challenges here lie in the balance between the need for monitoring and the protection of user privacy, as well as ensuring freedom of expression. The implementation of technical solutions for content moderation is crucial to ensure that platform operators can fulfill their obligations. Cooperation between the authorities and platform operators is crucial to effectively implement the legal requirements. The implementation of notice-and-action systems is essential to ensure that illegal content is quickly identified and removed. These systems enable platform operators to respond to specific notices and remove illegal content before it can cause harm.

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.