Germany

[DE] New Media Law for Rhineland-Palatinate

IRIS 2005-3:1/15

Sonnia Wüst

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

The Landtag (regional parliament) of Rhineland-Palatinate adopted a new Media Act in January 2005. The Act summarises the rules on broadcasting, the press and media services and replaces the previous regional laws on the press and broadcasting.

The main purpose of the new Act is to create a common legal framework for electronic and print media. At the same time, individual sectors of the press and broadcasting are newly regulated and brought into line with European law. The Act does not repeat the substantive provisions already contained in inter-state media agreements, but merely makes a general reference to them. Under the new rules, the masthead of printed media publications must indicate who owns shareholdings (of 5% or more) in the company every six months. Broadcasters must publish details of their ownership structure on the Internet. New licensing provisions also apply to radio and TV companies: in future, the Landeszentrale für Medien und Kommunikation (Regional Media and Communications Office - LMK), previously known as the Landeszentrale für private Rundfunkveranstalter (Regional Office for Private Broadcasters - LPR) will only award licences to broadcasters that can demonstrate financial and organisational competence. Licences can now be awarded independently of the allocation of transmission capacity. They only cover an actual or abstract programme plan, which means that the selection process designed to preserve diversity of opinion only begins when transmission capacities are allocated. Instead of the current renewal system, licences must be re-applied for from the LMK every ten years. The rule that the technical operations or corresponding financial activities must take place in Rhineland-Palatinate has been revoked in response to concerns expressed about its compliance with European law. The rules on the financial management of the LMK have also been amended: from 2007, a business plan will have to be drawn up in accordance with the rules applicable to joint-stock companies.