AW: Down Under: Nachhilfe für Seehofer und andere
It is interesting to read about that OFCOM blacklist.
Such a kind of blacklist would cause some problems in Germany for those who publish it. In Germany, "personal rights" of individuals are very high-protected. So, if you publish a sort of blacklist in Germany where not only names of companies, but also names of individuals are published, it is very likely that at least one of those will sue you. And it is also very likely that they will succeed in getting a verdict on you. That would probably cost you a fee. :unzufrieden:
Although it is possible to publish names of companies, you will have to be very careful in what you do and what you say. German law even protects "personality of a company" (that is one of those silly German law traditions which even most Germans, at least if they are not lawyers, will never understand...). Although the range of protection for a company is by far not that strong than it is for individuals, you have to be very careful not to interfere with this "personality protection", you have to take care not to be be "injurious against company´s interests".
As OFCOM has the power to deny new premium-rate-numbers for individuals or companies which have in the past attracted attention because of fraudulent behaviour, this is equal to a total ban of a company from doing premium-rate-business.
Such a power is not granted to German regulators ("Bundesnetzagentur", "BNetzA"/FNA).
German telecom law does not specifically provide the FNA with the power to shut down an individual or a company from business with premium-rate-numbers. Of course they can shut down numbers, but there are repeated cases where that company simply obtain new numbers and continue the dirty game as if nothing had happened.
In Germany, one can compare the role of the FNA with a kind of a "whack-a-mole-game".
Premium-rate-industry in Germany has very much influence to the process of new legislation. They really seem to sit at the same desk when it comes to phrasing new legislation. So there is clear evidence in not only one case where German legislation gets diluted in purpose by influence of powerful industry associations.
