Enforcing Put Backs in German and European Law

Abstract

While ‘takedowns’ are a familiar term in the liability and regulation of online platforms, the opposite act of reuploading legal content after an incorrect takedown, the so-called ‘put back’, does not receive the same amount of attention. This paper aims to provide an overview of different legal bases of put back claims against platforms in German and European law. Even though the procedural approach to platform governance with its internal complaint-handling systems is one way to mitigate incorrect decisions, the recourse to the courts also needs to be viable. The paper concludes on a positive note showing numerous existing legal bases of put backs, especially in contract law. Nevertheless, the safest way would be the implementation of an explicit legal base for put back claims, for which the paper offers a proposal for discussion.