Germany

[DE] DLM Adopts Key Navigator Standards

IRIS 2007-8:1/16

Paul Göttlich

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

On 3 July 2007, the Direktorenkonferenz der Landesmedienanstalten (Conference of Regional Media Authority Directors - DLM) adopted a paper laying down key standards for navigators. It follows an extensive discussion with market players, conducted by the Gemeinsame Stelle Digitaler Zugang der Landesmedienanstalten (joint digital access office of the regional media authorities - GSDZ) (see IRIS 2007-4: 11).

The GSDZ recommends that, when the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV) is next amended, the different levels of regulation represented by Art. 53 RStV and Art. 13 of the Zugangssatzung (Statute on freedom of access to digital services) protecting equal and non-discriminatory access to navigators should be retained. In the GSDZ's opinion, equality between the services available through a particular navigator can best be ensured if various search criteria are provided. In this way, any disadvantage that may arise from non-discriminatory listing can be avoided. The listing criteria that would be accepted must be comprehensible, such as listing by market sector, alphabet or genre. Users should be able to change the order in which individual services appear and to set up their own favourites list. For reasons of competition, marketing and separation from competitors, the providers should be granted a certain level of freedom. However, navigators must be neutral. This may be achieved by separating editorial elements or making it possible to use the navigator independently of such elements. It should only be necessary to have navigators officially approved and checked if there is a particularly high potential for discrimination. All others should remain available for ex-post controls.