Germany

[DE] ZAK and GVK Adopt Competition Rules

IRIS 2009-3:1/12

Julia Maus

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

The Kommission für Zulassung und Aufsicht (Licensing and Monitoring Commission - ZAK) and the Gremienvorsitzendenkonferenz (Conference of Authority Chairpersons - GVK) of the Landesmedienanstalten (State Media Authorities) have adopted a common set of rules for radio and television competitions.

The rules particularly concern the protection of children and young people. Youngsters may take part in competitions (but not game shows) from the age of 14; children under 14 are generally prohibited from participating in competitions and game shows, with the exception of competitions that are free to enter. Telephone calls must not cost more than EUR 0.50.

Broadcasters are required to provide comprehensive information, the extent and type of which depends on the category of programme. On television, for example, verbal information must be accompanied by written information on the screen and rolling text with detailed information, including the terms and conditions of entry. Transparency provisions and a ban on misleading and manipulating viewers are also included. The rules also contain practical guidelines on the organisation and structure of competitions. For example, a caller must not have to wait more than 30 minutes before being put through. Breaches of these obligations can result in a fine of up to EUR 500,000.

The rules form part of the amendments to the 10th Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV), which entered into force in September and gave the State Media Authorities the legal basis for punishing competition-related infringements. They will be submitted to the governing bodies of all 14 State Media Authorities, if possible for adoption by the end of this year. Before that, the public broadcasters will receive detailed information about the rules and be involved in a procedure stipulated by law.