Germany’s media regulator, ZAK (the Commission for Licensing and Supervision), has effectively stripped Google and Perplexity of their status as "neutral intermediaries." In a landmark move, these systems are now officially classified in Germany as content providers. This shift strips away the legal immunity tech giants have enjoyed for years. As ZAK Chairman Thorsten Schmiege explicitly stated, the regulator intends to consistently apply national media laws to algorithmic responses, arguing that they have evolved from simple lists of links into independent information products.
This legal reclassification bypasses the protections typically afforded by the European Digital Services Act (DSA). A Munich court has already backed this logic, holding Google liable for false claims made within its AI-generated summaries. The judges emphasized that text generation constitutes the creation of a "new and original narrative," rather than the mere transmission of third-party data.
Implications for the Industry
The traditional "we are just an aggregator, blame the source" defense is no longer valid. This opens the floodgates for AI platforms to face endless lawsuits regarding defamation and copyright infringement. Regulators are identifying a direct threat to traditional media caused by collapsing reach.
"The addition of generative features transforms a search tool into a full-fledged publisher, carrying a corresponding level of responsibility for every single word."
Traffic Cannibalization and Discrimination
Regulators are also zeroing in on traffic "cannibalization." Google faces direct accusations that its AI Overviews push media links into the background, violating Section 109 of the State Media Treaty. Essentially, the search engine is using third-party content to keep users within its own ecosystem—a practice ZAK classifies as prohibited discrimination. While the companies have one month to appeal, the trend is clear: the era of irresponsible data aggregation is coming to a close.