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IRIS 2008-2:1/15 [DE] Internet Filters Provide Inadequate Youth Protection

The Kommission für Jugendmedienschutz (Commission for the protection of minors in the media - KJM ) has, for the second time, found "serious deficiencies" in youth protection filters tested via "jugendschutz.net", a youth protection site set up by the Bundesländer to provide information about youth protection on the Internet. Minimal progress has been made in this area since 2006. None of the systems tested offered adequate protection for children and young people against harmful Internet content; none of the youth protection filters met the legal requirements. Overall, they were not effective...

IRIS 2008-2:1/14 [DE] New Inter-State Broadcasting Agreements Being Prepared

Following the signature of the 10. Rundfunkänderungs-Staatsvertrag (10th amendment to the Inter-State Broadcasting Agreement - 10. RÄStV) by the Minister-Presidents of the Länder on 19 December 2007, further amendments to the law governing broadcasting and similar telemedia in Germany have been proposed. The new provisions, which still require the approval of the Land parliaments if they are to enter into force as predicted on 1 September 2008, particularly concern the reform of the supervisory structure for private broadcasting and the expansion of platform regulation. With regard to the fixing...

IRIS 2008-2:1/13 [DE] ARD Agrees on Three-Stage Procedure

The directors and chairmen of the internal bodies of the Landesrundfunkanstalten ( Land broadcasting authorities) agreed on 28 November 2007 on a common procedure for the implementation of the three-stage approval system for new digital services (see IRIS 2007-9: 11). They have therefore met the demands laid down by the European Commission (see IRIS 2007-6: 3 and IRIS 2007-2: 5). New or significantly amended digital services offered by the Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (association of German public service broadcasters - ARD ) will...

IRIS 2008-2:1/12 [DE] Youth Protection on the Internet

If content that is harmful to young people is available on the Internet, it then becomes necessary to ask who can be obliged, under what circumstances, to ensure that young people do not access the content concerned. This has been clarified in three recent court decisions. Firstly, on 6 December 2007 (case no. 10 ME 241/07), the Niedersächsische Oberverwaltungsgericht (Lower Saxony Supreme Administrative Court - OVG Lüneburg ) confirmed an injunction granted by the Niedersächsische Landesmedienanstalt (Lower Saxony regional media authority - NLM). The NLM had forbidden the provider of a portal...

IRIS 2008-2:1/11 [DE] Cinema Operators Forced to Pay Film Tax

Based on a decision issued by the Verwaltungsgericht Berlin (Berlin Administrative Court) on 20 September 2007, cinema operators are obliged to pay the so-called "film tax" in pursuance of Art. 66 of the Gesetz über Maßnahmen zur Förderung des deutschen Films (Act on measures to support the German film industry - Filmförderungsgesetz - FFG). A cinema operator had appealed against a similar decision taken by the national film support institute (FFA). According to Art. 66(1) FFG, the film tax must be paid by anyone who charges customers to watch films with a duration of more than 58 minutes. The...