German media regulators have classified AI search engines and chatbots as content providers, issuing their first rulings against Google and Perplexity. Google's AI summaries allegedly crowd out journalistic content.
Germany's Commission for Licensing and Supervision (ZAK) has issued its first rulings against AI services from Google and Perplexity. This is the first time German regulators have applied the country's State Media Treaty to AI search engines and chatbots.
"AI search engines and chatbots are content providers, and we are now consistently applying German media law to them," said ZAK Chairman Dr. Thorsten Schmiege. According to the ZAK, the liability shield under the Digital Services Act, which protects platforms distributing third-party content, doesn't apply to AI-generated responses because they count as the providers' own content.
A Munich court recently reached a similar conclusion. It treated AI-generated text as independent content. The court said the responses contain "independent, new, and substantive statements" produced by analyzing and combining material from various third-party sites. Google was held liable for false claims, and the company says it will appeal.
Google now faces action under media law on top of civil liability. The rulings formally find that the companies violated Section 109 of the State Media Treaty and are immediately enforceable. Both Google and Perplexity have one month to appeal.
