Germany

[DE] Draft North German Media Agreement Criticised

IRIS 2006-4:1/17

Kathrin Berger

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

In early February 2006, the Länder of Schleswig-Holstein and Hamburg agreed a draft inter-state agreement on media law in Hamburg and Schleswig-Holstein.

A key aspect of the agreement is the creation of a joint media authority for both Länder.

This idea was criticised by the Hamburgische Anstalt für neue Medien (Hamburg new media authority - HAM) and the Unabhängige Landesanstalt für Rundfunk und neue Medien (independent regional authority for broadcasting and new media - ULR) in a statement dated 6 March 2006.

The statement argued that the role of the joint media authority would essentially be limited to authorising and monitoring broadcast channels. This would not be in keeping with a modern approach to new media regulation. Rather, the joint body should also be responsible for advising broadcasters and other content providers, promoting the dual broadcasting system and technical infrastructure, particularly for new broadcasting technologies, supporting media competence, media research and promoting film aid in both Bundesländer .

If these tasks were entrusted to Norddeutsche Rundfunk (NDR) , the balance of power of a dual broadcasting system would be jeopardised.

All in all, the proposal was considered unsuitable in the age of digitisation and media convergence. In particular, limiting the authority's role to the licensing of broadcasters was not a modern approach. The statement also criticised the plan to make many of the statutes and the budget of the media authority subject to approval, since this would represent excessive interference by the state.