Germany

[DE] Guidelines for TV Competitions

IRIS 2004-9:1/17

Kathrin Berger

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

The Gemeinsame Stelle Programm, Werbung und Medienkompetenz (Joint Authority for programming, advertising and media) of the Direktorenkonferenz der Landesmedienanstalten (Conference of Land Media Authority Directors DLM) has approved a set of guidelines for TV competitions. The guidelines, proposed by the Landesanstalt für Kommunikation Baden-Württemberg (Baden-Württemberg Communications Office - LFK) and the Bayerische Landeszentrale für neue Medien (Bavarian New Media Office - BLM), are meant to facilitate common, practicable regulation of TV competitions.

The document recommends that TV broadcasters draw up their own internal rules for presenters of such programmes. These guidelines should state, inter alia, that the cost of entering a competition and viewers' chances of success should be clearly explained. The phone call should cost no more than the price of sending a postcard. The presenter should also refer to the terms and conditions of entry, which should also be published on the Internet and Teletext.

According to the guidelines, the correct answer should be broadcast shortly after the end of the competition and there should be no misleading comments about the level of difficulty or logic of the question. Viewers may be encouraged to participate, although not excessively, and should certainly not be encouraged to phone in repeatedly.

The working document may now serve as a basis for interpretation of the general programming principles set out in Art. 3 of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV) and the provisions on advertising and teleshopping contained in Art. 7.1 RStV. It will therefore be important in proceedings relating to programming complaints, for example.