By Joey Gardiner, 18 November 1999 15:31
NEWS The former head of CompuServe, Germany has this week been acquitted of aiding the distribution of child pornography. The verdict reverses the decision of a court in May 1998 that Felix Somm was liable for the content posted on CompuServe's message boards. Somm had faced a two-year suspended sentence and a fine of DM100,000 (£32,700). This was despite the fact that the prosecution ended up arguing for Somm's acquittal, having been convinced by the argument. It is unclear, however, whether the decision to acquit Somm was based on the premise that he was not technically able to prevent access to the offending sites, or that ISPs can not be made accountable for content posted by third parties. However, industry figures have still welcomed the news, saying it represents a triumph of common sense, allowing the Internet to develop at a progressive rate. Robert Carolina, partner at Tarlo Lyons Solicitors, said that the result would be "very influential". Carolina made the comment that any country that holds ISPs legally liable for content "runs the risk that no-one will want to develop Internet infrastructure in that country".
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