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In a recently published report, the Wissenschaftliche Dienst (research office) of the German Bundestag (lower house of parliament) concluded that the EU’s Data Retention Directive 2006/24/EC was incompatible with the Charter of Fundamental Rights of the European Union (see IRIS 2010-4/12). The report stated that there was “definitely no way of interpreting this Directive […] in a way that is compatible with the Charter.” The Wissenschaftliche Dienst began by recognising the legitimacy of the purpose, suitability and necessity of the Directive. The objectives of protecting public order, preventing...

At the end of April 2011, the Hessische Ministerium für Wirtschaft, Verkehr und Landesentwicklung (Hessian ministry for the economy, traffic and regional development) presented a new cinema digitisation support programme. The programme is one of the measures being financed by the Hessen region from funds granted by the European Regional Development Fund for the 2007-2013 period. The aim is to help Hessian cinemas switch from analogue to digital projection technology with reference to the European Commission Communication of 24 September 2010 on the digitisation of European cinemas (see IRIS 2010-10/8). Funding...

The Kommission für Jugendmedienschutz der Landesmedienanstalten (Land Media Authorities’ Commission for the Protection of Minors in the Media - KJM) published criteria for the recognition of youth protection programs on the World Wide Web on 11 May 2011. The KJM’s discussions were based on the notion that providers of content that is potentially dangerous to young people or their development can fulfil their protection obligations under the Jugendmedienstaatsvertrag (Inter-State Agreement on Young People in the Media - JMStV) by setting up recognised youth protection programs for their content....

On 5 May 2011, Advocate General (AG) Bot gave his opinion to the Court of Justice of the European Union (ECJ) in the joined cases C-244/10 and C-245/10. It concerned a reference for a preliminary ruling submitted by the German Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) on the interpretation of the ban on the broadcast of programmes that incite to hatred, enshrined in Article 22a of the “Television Without Frontiers” Directive 89/552/EEC (TWF, now: Article 6 of the Audiovisual Media Services Directive 2010/13/EU, AVMSD). The related national procedure concerned an order issued...

At a special conference held on 6 April 2011, the Prime Ministers of the Länder approved the draft amendment to the Glücksspielstaatsvertrag (Inter-State Gambling Agreement - GlüStV), which is currently valid until the end of 2011. A key aspect of the draft is an experimental clause, valid initially for seven years, under which seven national sports betting licences will be granted. The extent to which the objectives of the licensing system have been achieved will be evaluated five years after it comes into force. The licence fee will be 16.66% of all stakes. Licence-holders must undertake not...