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IRIS 2022-6:1/21 [DE] Discussion draft on the amendment of state youth protection treaty published

On 15 March 2022, the Rundfunkkommission (Broadcasting Commission) of the German Bundesländer, which acts as a joint discussion forum and decision-making body on media policy and related legal questions for the Heads of the State and Senate Chancelleries, adopted proposals to reform the Jugendmedienschutz-Staatsvertrag (Interstate Treaty on the Protection of Minors in the Media – JMStV). The proposals were published in the form of a discussion draft and a consultation procedure was opened. The reforms, which focus in particular on the improvement of technical measures to protect young...

IRIS 2022-5:1/22 [DE] NDR’s constitutional complaint concerning Tagesschau app rejected

In a ruling issued on 23 February 2022 and published on 25 March 2022, the Bundesverfassungsgericht (Federal Constitutional Court – BVerfG) rejected a constitutional complaint lodged by Norddeutscher Rundfunk (NDR) regarding the admissibility of the Tagesschau app on the grounds that the complaint was inadmissible. The dispute dates back to 2011, when eight newspaper publishers, in coordination with the Bundesverband Digitalpublisher und Zeitungsverleger (Federal Association of German Newspaper Publishers – BDZV), filed a complaint against ARD and NDR with the competition chamber...

IRIS 2022-5:1/24 [DE] Federal Council adopts position on proposed European Media Freedom Act  

In a resolution adopted on 11 March 2022, concerning the European Media Freedom Act announced by the European Commission, the German Bundesrat (Federal Council) expressed support for sector-specific rather than fully harmonised regulation in the media sector. The Federal Council welcomed the Commission’s decision to launch a debate on how media freedom could be protected and strengthened in Europe, as well as an open public consultation on the subject. The German Länder believed the answer to this question was crucial for Europe’s future because the EU was not only a single...

IRIS 2022-5:1/25 [DE] VG Berlin confirms mabb’s RT DE broadcast ban in interim proceedings

In a ruling of 17 March 2022, the Verwaltungsgericht Berlin (Berlin Administrative Court – VG Berlin) provisionally upheld the decision taken by the Medienanstalt Berlin-Brandenburg (mabb) in early February, banning the organisation and distribution of the television channel RT DE, which was broadcast throughout Germany (see IRIS 2022-3/23). The decision had been based on the fact that the channel’s Berlin-based operator, RT DE Productions GmbH, did not hold the licence it required under the German Medienstaatsvertrag (state media treaty) to broadcast at national level. The VG Berlin...

IRIS 2022-5:1/26 [DE] KEK publishes 7th German media concentration report

On 15 March 2022, the Kommission zur Ermittlung der Konzentration im Medienbereich (Commission on Concentration in the Media – KEK) published its 7th concentration report, which describes the current status and development of media concentration in Germany and the measures taken to safeguard diversity of opinion in private broadcasting. This year, the report, which is published at regular intervals, focuses on the clear change in the media usage habits of younger age groups in particular, which also has an impact on the protection of media pluralism. The KEK, which comprises six broadcasting...