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According to a decision of the Niedersächsische Oberverwaltungsgericht (Lower Saxony Higher Administrative Court - OVG) in Lüneburg, the television broadcaster RTL breached human dignity with a report on the ill-treatment of a helpless old man (case no. 10 LA 101/07). The Verwaltungsgericht Hannover (Hanover Administrative Court) had previously upheld a decision taken by the Niedersächsische Landesmedienanstalt (Lower Saxony State Media Authority - NLM) against RTL due to a breach of human dignity (see IRIS 2007-3: 11). During various news and magazine programmes on 1 December 2004, RTL had broadcast...

On 3 December 2008, the Rechtsausschuss (Legal Affairs Committee) of the Bundestag (lower house of parliament) approved the draft Gesetz zur Neuordnung der Entschädigung von Telekommunikationsunternehmen ( TK-Unternehmen ) für die Heranziehung im Rahmen der Strafverfolgung (Act on the reform of compensation for telecommunications companies providing assistance with criminal prosecutions - TKEntschNeuOG). Under the Act, companies will in future be entitled to flat rate compensation payments for costs they incur when carrying out surveillance orders and disclosing call or location data. The Act does...

After lengthy negotiations (see IRIS 2008-10: 9), the Minister-Presidents of the Länder officially signed the 12th Rundfunkänderungsstaatsvertrag (Agreement amending the Inter-State Broadcasting Agreement - RÄStV) on 18 December 2008. The deadline for implementation of the three-stage test for existing telemedia services was brought forward by five months to 31 August 2010. This step was criticised by the public service broadcasters, along with the fact that some parts of the agreement go further than the requirements of the European Commission, such as the stipulation that sports broadcasts can...

On 3 December 2008, the Oberlandesgericht Düsseldorf (Düsseldorf Regional Appeal Court - OLG) confirmed the ban on the takeover of broadcasting group ProSiebenSat.1 by the Axel Springer publishing house, imposed by the Bundeskartellamt (Federal Cartel Office) on 19 January 2006 due to concerns about competition. Although Springer abandoned its plans following the decision, it took an appeal in order to obtain legal certainty for possible future mergers (see IRIS 2007-10: 9). In its reasoning for the decision, the OLG explained that the merger would have opened new possibilities for cross marketing...

The Oberverwaltungsgericht (Higher Administrative Court - OVG) of Rhineland-Palatinate has upheld the decision of the Verwaltungsgericht Neustadt (Neustadt Administrative Court), confirming the ruling of the Landeszentrale für Medien und Kommunikation (State Media and Communications Agency - LMK), according to which the live programme " Jetzt geht's um die Eier. Die große Promi-Oster-Show " broadcast by private broadcaster Sat.1 had violated the ban on surreptitious advertising set out in Art. 1 para. 2 of the Landesmediengesetz (Land media act) in connection with Art. 7 para. 6 sentence 1 of the...