Germany

[DE] ZAK Imposes Fines for Breaches of Rules on Competitions

IRIS 2009-10:1/9

Christian Mohrmann

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

The Kommission für Zulassung und Aufsicht (Licensing and Monitoring Commission - ZAK) has imposed fines totalling EUR 52,000 on several television stations for breaches of the new rules adopted by the Landesmedienanstalten (State Media Authorities) in respect of game shows and competitions (“the GWS rules”). In addition, several proceedings for regulatory offences have been initiated.

The GWS rules of 23 February 2009 - in amplification of section 8a of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV) - were the first detailed set of provisions on game shows (see IRIS 2009-3: 7).

Checks showed that a number of television stations were in particular breaching the ban on misleading the public (section 6 of the GWS rules) and failing to discharge their duties with regard to the provision of information (sections 10 and 11 of the GWS rules). For example, it was inadequately pointed out on several occasions that minors could not participate, and misleading statements were made not only on the number of lines open and their influence on the time when callers were put through but also on the charge for participating. In many cases, viewers were given the impression that time was running out.

The ZAK stated in this connection that some of the television stations criticised were “repeat offenders” and, despite “intensive talks […] were still committing the same violations”.