Germany

[DE] ZAK Determines Violations of Lottery Statute in Sports Channel Sport1

IRIS 2012-7:1/37

Daniel Bittmann

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

In its meeting on 26 June 2012, the Commission for Approval and Supervision of the Media Authorities (Kommission für Zulassung und Aufsicht - ZAK) decided that the sports channel “Sport1” has to pay a total amount of EUR 28,000. The reasons for this decision were several deceptions and illusions of the viewers in various editions of the show “Sports Quiz”.

In a first step, the ZAK ordered that “Sport1” has to pay EUR 24,000. This amount corresponds to the amount “Sport1” has earned with the inadmissible presentation of sweepstakes in the show “Sport Quiz”. In addition, the ZAK imposed in a second step a fine of EUR 4,000 against an executive director, an editor and two moderators of the channel “Sport1”.

In January 2012, “Sport1” has made misleading informations with regard especially to the difficulty of the games and the selection process for the participants of the quiz. Furthermore, “Sport1” infringed its obligation to provide the consumers with complete informations. Particularly with regard to the game mode of the show and the conditions for participation in the quiz, “Sport1” did not give the viewers comprehensive informations.

At the meeting of 26 June 2012, the ZAK criticized the violations of the law by the channel “Sport1” and in five cases initiated an offense proceedings. The initiated administrative proceedings allowed the imposition of the fine against the managing director, the editor and the two moderators as well as the absorption of the unlawful profit.