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IRIS 2007-8:1/43 [DE] Supreme Court Protects Images of Partners of Famous People

In a case involving the publication of photographs in the media, the Bundesgerichtshof (Federal Supreme Court - BGH) has again given personality rights priority over the freedom of the press. In a ruling of 19 June 2007, the BGH upheld a complaint by the partner of pop singer Herbert Grönemeyer by dismissing an appeal made against the earlier rulings of lower instance courts. In May 2004, the defendant, a newspaper, had published two pictures of Grönemeyer and his partner. In one picture, Grönemeyer's partner is looking at Grönemeyer in a café. The words "The look of love … Grönemeyer and his...

IRIS 2007-8:1/16 [DE] DLM Adopts Key Navigator Standards

On 3 July 2007, the Direktorenkonferenz der Landesmedienanstalten (Conference of Regional Media Authority Directors - DLM) adopted a paper laying down key standards for navigators. It follows an extensive discussion with market players, conducted by the Gemeinsame Stelle Digitaler Zugang der Landesmedienanstalten (joint digital access office of the regional media authorities - GSDZ) (see IRIS 2007-4: 11). The GSDZ recommends that, when the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV) is next amended, the different levels of regulation represented by Art. 53 RStV and Art. 13...

IRIS 2007-8:1/15 [DE] New Rules Adopted for Television Competitions

On 19 June 2007, the Direktorenkonferenz der Landesmedienanstalten (Conference of Regional Media Authority Directors - DLM) adopted new rules for TV competitions, which had been developed in consultation with private TV broadcasters. They are designed to assist the interpretation of Art. 41 (1) (4) of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV), under which broadcast channels must comply with the provisions of general laws and rules on the protection of personal dignity and minors. These rules of application and interpretation were first introduced in October 2005. The...

IRIS 2007-8:1/14 [DE] 4th Structural Paper on the Distinction Between Broadcasting and Media Services Adopted

On 27 June 2007, the Direktorenkonferenz der Landesmedienanstalten (Conference of Regional Media Authority Directors - DLM) adopted a revised version of the third structural paper on the distinction between broadcasting and media services (see IRIS 2004-1: 11). The DLM had asked the Gemeinsame Stelle Programm, Werbung und Medienkompetenz (Joint Body on Programming, Advertising and Media Competence - GSPWM) and the Gemeinsame Stelle Digitaler Zugang (Joint Body on Digital Access - GSDZ) to revise the paper on 20 March 2007, particularly in the light of the recently adopted 9. Rundfunkänderungsstaatsvertrag...

IRIS 2007-8:1/13 [DE] Federal Cartel Office Approves Co-operation Between Arena and Premiere

The Bundeskartellamt (Federal Cartel Office) has approved the acquisition of the pay-TV rights for the football Bundesliga from Arena by its competitor Premiere and will tolerate co-operation between the former competitors up until 30 June 2009. Arena had bought the rights to broadcast the Bundesliga for three seasons, starting from 2006/07, for EUR 220 million per season. However, the company did not reach its target of 2.5 million subscribers, generating losses of EUR 200 million in the first season alone. Therefore, for the next two seasons, the broadcasting rights have been sold to Premiere....