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IRIS 2008-9:1/34 [DE] Jugendschutz.net Reports Record Number of Youth Protection Infringements on the Internet in 2007

In its recently published annual report, jugendschutz.net, the body founded in 1997 by the Youth Ministers of the Bundesländer to monitor youth protection on the Internet and which is attached to the Kommission für Jugendmedienschutz (Commission for the Protection of Young People in the Media), reported a record number of infringements of youth protection laws on the Internet in 2007. The organisation reported a total of 2,883 infringements, 10% more than in the previous year. Most of the infringements were committed on pornographic and extreme right-wing Internet sites. However, social networking...

IRIS 2008-9:1/9 [DE] 10th Inter-State Broadcasting Agreement Enters into Force

On 1 September 2008, the Zehnte Rundfunkänderungsstaatsvertrag (10th Agreement Amending the Inter-State Broadcasting Agreement - 10. RÄStV) entered into force in all 16 German Bundesländer . In particular, the new Agreement provides for the restructuring of media supervision in the Länder (Art. 35 ff. of the Rundfunkstaatsvertrag – Inter-State Broadcasting Agreement – RStV) as well as new access rules and rules for platform operators (Art. 50 ff. RStV). It also includes new rules on the organisation of competitions (Art. 8a RStV). Under Art. 35 para. 2 nos. 1 and 7 RStV, the licensing of private...

IRIS 2008-9:1/8 [DE] Federal Cartel Office Decides that Marketing Model Infringes Cartel Law

On 23 July 2008, the Bundeskartellamt (Federal Cartel Office - BKartA) informed the DFL Deutsche Fußball Liga GmbH (German Football League - DFL) that the central marketing model it had proposed for the Bundesliga broadcasting rights covering the period from 2009 to 2015 infringed cartel law because of a lack of appropriate consumer involvement and that, if it were implemented, it could therefore not be approved. The body responsible for protecting competition recommended that a summary of the matches should be broadcast on a free-to-air TV channel accessible to a large proportion of the viewing...

IRIS 2008-9:1/7 [DE] Decisions on PC Licence Fees

Within the space of a few weeks, various courts dealt with the question of whether Internet-enabled personal computers (PCs) used for business purposes should be subject to the broadcasting licence fee. The decisions focused particularly on Art. 5 para. 3 of the Rundfunkgebührenstaatsvertrag (Inter-State Agreement on Broadcasting Fees - RGebStV), which contains an exemption for new types of reception devices. On 15 July 2008, the Verwaltungsgericht Braunschweig (Brunswick Administrative Court) ruled that an Internet-enabled computer used for business purposes was not subject to the licence fee...

IRIS 2008-9:1/6 [DE] Supreme Court Considers Nestlé's Collecting Programme Admissible

In a ruling of 17 July 2008 (case no. I ZR160/05), the Bundesgerichtshof (Federal Supreme Court - BGH) decided on the admissibility of collecting programmes partly aimed at children and young people. The case concerned an advertising campaign by the firm Nestlé. The company had printed points on the packaging of its chocolate bars. Every 25 points was worth EUR 5 at an Internet mail-order firm. Since this advertising campaign was partly aimed at children and young people, the Verbraucherzentrale Bundesverband e. V. (Federation of German Consumer Organisations - vzbr) filed an injunction suit against...