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After the end of the Brexit transition period, Amazon’s Prime Video on-demand service within the European Union will fall under the jurisdiction of German regulators, and more specifically the Munich-based Bayerische Landeszentrale für neue Medien (Bavarian new media authority – BLM). The BLM and Amazon recently announced that, following joint discussions, Amazon had met the necessary conditions for its service to come under German jurisdiction, in accordance with the relevant provisions of the Audiovisual Media Services Directive (AVMSD). Under Article 2 of the AVMSD, which...

In a decision issued on 22 December 2020 in the dispute over a proposed increase in the broadcasting licence fee used to fund public service broadcasting in Germany, the Bundesverfassungsgericht (Federal Constitutional Court – BVerfG) rejected urgent applications submitted by the broadcasters forming the ARD, ZDF and Deutschlandradio contesting the block that one of the German Bundesländer had placed on the proposed increase. The broadcasters therefore failed in their attempt to ensure that the increase took effect on 1 January 2021 despite opposition to it, which was partly political...

On 17 December 2020, the Medienanstalt Hamburg/Schleswig-Holstein (Hamburg/Schleswig-Holstein media authority – MA HSH) – one of Germany’s 14 media regulators – initiated media law proceedings against Google Ireland Ltd. (Dublin) regarding its compliance with the new anti-discrimination rules that apply to media intermediaries under the Medienstaatsvertrag (State Media Treaty – MStV), which recently entered into force. The proceedings will examine cooperation between Google and the German Federal Ministry of Health which led to content from the ministry’s Internet...

In a judgment of 27 October 2020 (Case no. 15 O 296/18), the Landgericht Berlin (Berlin regional court – LG) decided that a screenplay writer was entitled to information about the revenue generated from the exploitation of film productions so she could demand an adjustment to her remuneration for use of her screenplays. The dispute between the screenplay writer on the one hand and the production company that owned the rights to two well-known German films and a film and media group on the other concerned the right to further equitable remuneration as enshrined in Article 32a of the German...

In October 2020, the Kommission für Jugendmedienschutz (Commission for the Protection of Minors in the Media – KJM) confirmed the decision of the Freiwillige Selbstkontrolle Multimedia-Diensteanbieter e.V. (voluntary self-monitoring body for multimedia service providers – FSM) that the MagentaGaming gaming platform’s youth protection system meets the requirements of the Jugendmedienschutz-Staatsvertrag (state treaty on the protection of minors in the media - JMStV) of the German Länder. The KJM concluded that the FSM had not exceeded its discretionary power by approving...