GermanyMedienstaatsvertrag (MStV) Section 18(3), Labelling of Automatically Created Content in Social Networks
Medienstaatsvertrag (MStV), § 18 Abs. 3
In force since .
An AI transparency rule binding public and private bodies.
As of .
What it requires
- If you operate an automated account in a social network whose profile looks like one provided for natural persons, label each piece of content or message that a computer programme creates automatically as created and sent automatically using a programme that controls the account (Medienstaatsvertrag, section 18(3)).
- Place the notice legibly before or beside the content or message; it counts as automatic creation also where the programme sends a prepared content or a pre-programmed message (section 18(3)).
- If you provide a media intermediary that offers a social network, ensure that telemedia within the meaning of section 18(3) are labelled (section 93(4)).
If you get it wrong
Penalty structure
Section 115(2): an administrative offence under section 115(1), second sentence, number 2 (no labelling under section 18(3)) or number 45 (a social network provider not ensuring the labelling under section 93(4)) carries a fine of up to EUR 500,000.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 500,000
Who enforces it
Enforcement body
The Landesmedienanstalt that is competent under section 106 is the administrative authority for the administrative offences in section 115 (section 115(3)).
What this law does
Section 18(3) of the Medienstaatsvertrag requires providers of telemedia in social networks to make clear that content or messages were created automatically by means of a computer programme, where the user account used was provided, by its outward appearance, for use by natural persons. The notice must be placed legibly before or beside the content or message and must state that it was created and sent automatically using a computer programme that controls the user account.
Creating includes not only generating content immediately before sending but also falling back on prepared content or a pre-programmed message when sending. Under section 93(4), providers of media intermediaries that offer social networks must ensure that telemedia within the meaning of section 18(3) are labelled. Failing to make the labelling that section 18(3) requires is an administrative offence under section 115.
Section 115(2) allows a fine of up to EUR 500,000, with lower ceilings only for offences numbered 1, 49 and 50 in the second sentence of section 115(1). The treaty that contains the Medienstaatsvertrag entered into force on .
When LexLint raises it
When your app profile says your app generates content with AI, deploys a chatbot or operates a social platform.