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On 13 December 2022, the German Landesmedienanstalten (state media authorities) published a joint position paper on the European Commission’s proposal for a Regulation establishing the European Media Freedom Act (EMFA). They welcomed the proposal and its general aim to take into account the fundamental values of the European Union in the media sector and protect media freedom and independence. Nevertheless, the media authorities had serious concerns about the lack of independence and freedom to make decisions for the proposed European Board for Media Services and the low level of differentiation...

The GIM market research institute has published a study entitled “Transparenz-Check” (transparency check), commissioned by the Direktorenkonferenz der Landesmedienanstalten (Conference of State Media Authority Directors – DLM). Based on an online representative survey, the study investigates social media users’ ability to identify commercial content and the importance of labelling commonly used on popular platforms. It clearly shows that, for half of those who responded, clear labelling is the most important factor in their ability to recognise advertising. People who are...

On 17 November 2022, the Hessische Landtag (Hessian state parliament) adopted a law modernising Hesse’s media laws, which was published in the Hesse Law and Ordinance Gazette on 29 November 2022 and entered into force on 30 November 2022. The Gesetz über den privaten Rundfunk in Hessen (Act on Private Broadcasting in Hesse – HPRG), which had remained largely unchanged for 34 years, was therefore replaced with the Hessische Gesetz über privaten Rundfunk und neue Medien (Hessian Private Broadcasting and New Media Act – HPMG). First and foremost, the amendment brings...

The Landesmediengesetz Baden-Württemberg (Baden-Württemberg Media Act), like the media laws of all the German Länder, supplements the Medienstaatsvertrag (state media treaty), which covers national media-related matters. It regulates in detail the organisation and distribution of broadcasting (radio and television), as well as the designation and allocation of capacity suitable and intended for the transmission of broadcasting and similar telemedia (i.e. telemedia aimed at the general public) in Baden-Württemberg, unless otherwise stipulated in state treaties or legislative...

In a decision of 28 December 2022, the Verwaltungsgericht Berlin (Berlin Administrative Court – VG Berlin) upheld a complaint filed by a national broadcaster against the imposition of an administration fee for the renewal of its broadcasting licence by the relevant state media authority. The court did not believe the fee was justified insofar as it covered not only the administrative costs incurred but also an additional sum charged because the broadcaster had gained an advantage as a result of the administrative work carried out. The plaintiff has held a broadcasting licence, which is...