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In a decision of 15 April 2021, the Bundesgerichtshof (Federal Supreme Court – BGH) rejected a complaint from Netflix about a court’s refusal to hear its appeal against a lower-instance decision concerning the general terms and conditions of the video-on-demand service and certain advertising practices in Germany. As a result, the previous ruling of the Berliner Kammergericht (Berlin Court of Appeal) of 20 December 2019 (5 U24/19) became final, forcing Netflix, among other things, to amend the clause in its terms and conditions regarding price increases which, at least where its service...

The 14 German Landesmedienanstalten (state media authorities) have jointly drafted further rules to implement the provisions of the new Medienstaatsvertrag (state media treaty – MStV). The boards of the individual media regulators are now gradually approving these rules, clearing the way for them to enter into force. Following the entry into force of an initial series of rules designed to implement the MStV’s provisions on exemption from prior authorisation, advertising and competition (see IRIS 2021-4/12), the latest rules concern, among other things, European productions (Article...

On 12 April 2021, the Zentralverband der deutschen Werbewirtschaft (German Advertising Federation – ZAW) presented a revised version of the code of conduct on commercial communication for foods and beverages, which will enter into force on 1 June 2021. These self-regulatory rules apply to commercial communication such as advertising on TV, radio, posters and in magazines, as well as Internet and social media advertising, cooperation with influencers, and advertising on social networks and video platforms. Under the revised version of the Verhaltensregeln des Deutschen Werberats über...

Following the decision of the Thüringen state parliament on 21 May 2021, all state parliaments of the Länder of Saxony, Saxony-Anhalt and Thüringen have now approved the amended Staatsvertrag über den Mitteldeutschen Rundfunk (state treaty on Mitteldeutscher Rundfunk – MDR-StV). The amended treaty can therefore enter into force on 1 June 2021. The broadcasting corporation Mitteldeutscher Rundfunk (MDR) is a member of the Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (German Association of Public Service Broadcasters...

A new code of conduct for media companies was unveiled on 22 April 2021. Drafted at the initiative of a number of organisations and associations, including Reporters Without Borders and the Deutsche Journalisten-Verband (German Journalists’ Association – DJV), the code is designed to improve the protection of journalists from violence and other threats. It contains a list of measures, including essential mechanisms that media companies should put in place in order to deal with threats aimed at their employed or freelance journalists. All media companies involved in journalistic activities...