Subcode of Conduct for Search Engine Providers of the Association of Voluntary Self-Regulating Multimedia Service Providers ("Freiwillige Selbstkontrolle Multimedia-Diensteanbieter” – FSM) (VK-S)

As of 12/21/2004

The aim of the Code of Conduct of Search Engine Providers is to improve consumer protection as well as protection of children and young persons with their use of search engines in Germany. Providers of search engines are generally only acting as information intermediaries and do not make their own content available. They are, however, aware of their particular Role in making information available on the Internet. The Code of Conduct is an expression of this awareness and their respective voluntary commitment. It is applicable exclusively for search engines in Germany, with companies doing business internationally for their German search engine offerings and represents a definitive regulation for the field of searches.

§ 1. Scope of Application

1. This Subsidiary Code of Conduct shall bind the members of FSM insofar as they are providers of search engines or avail themselves of search functions by third search engine providers and as soon as they subject to its applicability by respective signature. Insofar as the Code signatories avail themselves of search functions by third search engine providers, they shall do their best to make sure that the latter observe the rules of the Code. This code of conduct represents a subsidiary code pursuant to § 2, para. 2 of the FSM Statutes for individual member subgroups (search engines). A search engine is an online index of documents and images that are published and stored on computers connected to the worldwide Internet. These search indexes are created by means of automatic computer processes and made publicly accessible to users around the world.
2. The code of conduct does not affect the principles of responsibility as set forth by law.
3. The rules of conduct set forth in § 2 hereof are definitive. Beyond these rules, violations of other legal provisions, in particular, advertising law, copyright law, data protection law, consumer protection law, the right to free expression or competition law provisions are not covered by this code of conduct.

§ 2. Rules of Conduct

1. The Code signatories agree to clarify to the user the functioning method of the search engine. In the same way, the signatories shall describe the circumstances that will cause an exclusion from the search results. This information should be easily accessible to the user.
2. Within the framework of its possibilities, the Code signatories agree to transparently structure its search results pages. Search engine results which owe their position on the search results page to a commercial agreement with the respective search engine provider shall be reasonably designated. This can occur, in particular, by use of the terms "Advertisement”, "Sponsor Link”, "Sponsored Link” or "Sponsored Web Site”.
3. The Code signatories shall endeavour, within the framework of their capabilities, to enable technical precautionary measures which are suitable to promote the protection of children and young persons from content which is harmful to them. In this context, it is to be noted that no absolute youth protection guarantee can be made and that children should not use the Internet without the supervision of their parents or persons having parental authority.
4. In dealing with user data, the principle of data economy shall apply.

The Code signatories agree, with complaints to the effect that one of the URL shown in the search results list violates one of the fact patterns listed in § 2, para. 5 a) VK-S, to involve the Complaints Office of FSM. If, after completed preliminary proceedings, it cannot be excluded that one of the following listed factual situations is violated, FSM shall forward the complaint to the Federal Review Board for Media Harmful to Young Persons (Bundesprüfstelle für jugendgefährdende Medien, BPjM). More details are regulated in the Code of Procedure of Search Engine Providers. These factual situations are:

• Propaganda and insignia of unconstitutional organizations (§ 86 StGB, § 86 a StGB, § 4 Para. 1 Subsecs. 1 and 2 JMStV),
• Racial demagoguery and Holocaust disavowal (§ 130 StGB, § 4 Para. 1 Subsecs. 3 und 4 JMStV),
• Incitement or inducement to criminal acts (§§ 111, 130 a StGB, § 4 Para. 1 Subsec. 6 JMStV),
• Depictions of violence (§ 131 StGB, § 4 Para. 1 Subsec. 5 JMStV),
• Child, animal and violent pornography (§§ 184a,b StGB ff.; § 4 Para. 1 Subsec.10 JMStV),
• Explicit sexual depictions involving minors (§ 4 Para. 1 Subsec. 9 JMStV),
• Content glorifying war (§ 4 Para. 1 Subsec. 7 JMStV),
• Degradations of human dignity (§ 4 Para. 1 Subsec. 8 JMStV).

In addition, the member providers agree to remove and not to show respectively any URLs which are indicated by the BPjM, insofar as they have access to the URL and insofar as the commercial expense is reasonable.

§ 3. Sanctions

If a violation against this Subsidiary Code of Conduct is determined by the responsible bodies of the FSM, with application of the Rules of Procedure of the Code of Conduct of Search Engine Providers under the umbrella Association of the Voluntary Self-Control Multimedia Service Providers (VO-FSM), sanctions can be ordered pursuant to § 6 VO-S.

§ 4. Final Provisions

The members of FSM who are signatories to the Subsidiary Code unanimously agree that, on the basis of the practical work of FSM, the continued application of the Code of Conduct or a revision of the list of sanctions shall be reviewed every twelve months.

Berlin, December 21, 2004