Germany

[DE] Minister-Presidents Sign 13th Inter-State Broadcasting Agreement

IRIS 2010-1:1/16

Christian Mohrmann

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

On 30 October 2009, the Minister-Presidents of the Länder signed the 13. Rundfunkänderungsstaatsvertrag (13th amendment to the Inter-State Broadcasting Agreement - RÄStV ).

The primary reason for adopting the 13th RÄStV is to transpose the Audiovisual Media Services Directive 2007/65/EC into German law. In particular, product placement is allowed in certain cases for the first time (see IRIS 2009-6:9).

Public service broadcasters are permitted to use product placement "during cinema films, television films and series, sports broadcasts and light entertainment programmes, which were not commissioned by the broadcaster itself". As long as no payment is made in return, the same applies to programmes other than news bulletins or similar programmes. Product placement remains prohibited in children's programmes under Art. 15 of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV ).

Private broadcasters are also allowed to use product placement in their own programmes (Art. 44 RStV ).

Art. 58 para. 3 also now explains which provisions of the RStV should, in future, also apply to telemedia similar to television (on-demand audiovisual media services). These particularly include the provisions on the scope of the RStV , on advertising and teleshopping content, and on sponsorship.

The provisions on the transmission of major events, short reporting, European productions, the inclusion of advertising and teleshopping and the duration of advertising also apply to services comprising programmes that are made available in return for a one-off payment.