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At their meeting on 21 October 2022, the Minister-Presidents of the German Bundesländer adopted the 3. Medienänderungsstaatsvertrag (third state treaty amending the state media treaty), which, among other things, sets out the framework for public service broadcasting in Germany, defines the remit of the broadcasters that make up the ARD, ZDF and Deutschlandradio, and contains guidelines for jointly organised channels and additional services. At the heart of the reforms is a new definition of the remit of public broadcasters. Under their remit, the public broadcasters are to act as...

In a judgment of 25 August 2022 (case no. 3 K 606/21), the Verwaltungsgericht Karlsruhe (Karlsruhe Administrative Court) decided that the Bundesverfassungsgericht (Federal Constitutional Court) did not infringe third-party rights by informing journalists of its decisions before they were officially published. The Bundesverfassungsgericht gives full members of the Juristenpressekonferenz (conference of legal journalists) access to important decisions the evening before they are officially published. The Juristenpressekonferenz is a private association which, according to its statutes, is made...

The Landesmedienanstalten (state media authorities) have published a so-called "public value list", ordered alphanumerically, of media (television, radio and telemedia) that, through their content, significantly contribute to the formation of public opinion. Inclusion in the public value list is meant to represent a special seal of quality for the services concerned. Public-value services were selected on the basis of the criteria set out in Article 84(5)(2) of the Medienstaatsvertrag (state media treaty – MStV), which the media authorities had explained in more detail in a statute...

In September 2022, the Niedersächsische Landesmedienanstalt (Lower Saxony media authority – NLM), implementing resolutions of the Kommission für Zulassung und Aufsicht (Commission on Licensing and Supervision – ZAK) of the state media authorities, filed complaints concerning a total of three advertising infringements by private television broadcasters: one concerned the RTL channel operated by RTL Television GmbH and two were directed against the teleshopping channel CHANNEL21. Firstly, the Hanover-based authority criticised a split-screen advertisement for a smartphone,...

Following its meeting on 22 September 2022, the Broadcasting Commission of the German Länder published a resolution on the current state of public broadcasting in Germany. The Broadcasting Commission provides a permanent forum for the state and senate chancelleries of the Länder to discuss issues relating to media policy and legislation in and for Germany. In its resolution, the Broadcasting Commission agreed that recent events within individual ARD broadcasting companies, including RBB (Rundfunk Berlin-Brandenburg) following allegations against its former director and the former chair...