Germany

[DE] New KEK Annual Report Published

IRIS 2003-9:1/12

Alexander Scheuer

Institute of European Media Law (EMR), Saarbrücken/Brussels

The Kommission zur Ermittlung der Konzentration im Medienbereich (Media Concentration Commission, KEK) is an institution established on the basis of Art. 35 of the Rundfunkstaatsvertrag (German Inter-State Broadcasting Agreement, RfStV). It assists the Landesmedienanstalten (regional regulatory authorities) in fulfilling their responsibilities in relation to ensuring pluralism in private broadcasting. It has the task of making a final judgment on issues associated with ensuring pluralism in connection with the nation-wide broadcasting of television programmes (Art. 36 [(1.)] RfStV).

On 9 September 2003 the KEK published its 6th annual report, documenting its activities over the period from 1 July 2002 to 31 June 2003.

Special mention should be made of the publication of an expert opinion commissioned by the KEK in the area of comparative law; it examines the situation and regulation of television in broadband cable networks, and covers the EU member countries Belgium, the Netherlands, and the United Kingdom, as well as the United States. Of particular interest is the description of the structural provisions made by these countries to enable their regulatory authorities to deal with an increased vertical concentration involving infrastructure- and content-providers. The report concludes with a discussion of how far these differing approaches could be applied in the German context and what measures in terms of national broadcasting law seem necessary and appropriate for facilitating early action to combat threats to pluralism.

The annual report also discusses the effects that current stipulations of the RfStV concerning media concentration have - and the effects that planned amendments to the stipulations will have - on the effective performance of the KEK's duties.