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In a position paper of 19 March 2010, the Bundesministerium für Wirtschaft und Technologie (Federal Ministry for the Economy and Technology - BMWi) set out its proposals for transposing the new EU package of directives on electronic communication (see IRIS 2010-1/7) into national law. The structure of the document is based on the two directives “Better Regulation” (2009/140/EC) and “Citizens’ Rights” (2009/136/EC) amending the EU’s legal framework for electronic communication. It contains, inter alia, new rules for expanding the broadband networks in accordance with the rules on competition and...

The Gesamtkonferenz der Landesmedienanstalten (General Conference of Regional Media Authorities) has given practical form to the provisions of the 13th Rundfunkänderungsstaatsvertrag (Inter-State Agreement Amending Inter-State Broadcasting Agreements - RÄStV, see IRIS 2010-1/16) on product placements (PPs) in broadcasts by private television stations. The guidelines, which will have to be adopted by the Regional Media Authorities, distinguish between paid and unpaid PPs (production props), which are permitted in certain circumstances. Surreptitious advertising continues to be prohibited. Paid PPs...

The Prime Ministers of the German Länder agreed at their conference in Berlin on 25 March 2010 on a draft amendment to the Jugendmedienschutzstaatsvertrag (Inter-State Treaty on the Protection of Minors in the Media - JMStV). The draft of the new treaty is based on the principle of regulated self-regulation or co-regulation. For example, it enables providers, inter alia, to rate their offerings according to the age groups (0, 6, 12, 16 and 18) mentioned in the Jugendschutzgesetz (Youth Protection Act - JuSchG) on the basis of their own assessment and/or confirmation or an assessment by the Anerkannte...

Two decisions of the German administrative courts have once again dealt with the issue of acting as an agent for sports bets. In an accelerated decision, the Oberverwaltungsgericht Bremen (Bremen Administrative Court of Appeal - OVG) dismissed the appeal of an operator of a betting business on 11 March 2010. The appeal had been lodged against an order prohibiting the operator of a sports betting business from acting as an agent for sports bets from betting companies in other EU member states. In the court’s opinion, this agency activity conflicts with the state’s administrative monopoly enshrined...

The arbitration board set up at the German Patent and Trade Mark Office under the Gesetz über die Wahrnehmung von Urheberrechten (Law on the Administration of Copyright) issued a settlement proposal on 22 February 2010 in a dispute between a cable network operator and rightsholders concerning fees for cable retransmission. The arbitration board is responsible for dealing with disputes between collecting societies and users of copyright-protected works and for disputes between broadcasters and cable network operators. Its task is to mediate between the parties with the aim of bringing about an amicable...