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IRIS 2007-4:1/14 [DE] 9th Amendment to Inter-State Broadcasting Agreement Enters Into Force

The Neunte Staatsvertrag zur Änderung rundfunkrechtlicher Staatsverträge (9th Inter-State Agreement Amending Inter-State Broadcasting Agreements - 9. Rundfunkänderungsstaatsvertrag - RÄStV) entered into force on 1 March 2007. The Minister-Presidents of the Länder and the Mayors of Berlin, Hamburg and Bremen had already approved the new amendment on 22 June 2006, which subsequently required the agreement of the parliaments of the Bundesländer . The 9. Rundfunkänderungsstaatsvertrag represents another important step in the reorganisation of the legal framework governing the media in Germany (see...

IRIS 2007-4:1/13 [DE] bereits18.de Age Verification System Deemed Unsuitable Under the JMStV

In an urgent procedure, the Bayerische Verwaltungsgericht (Bavarian Administrative Court - BayVG) in Munich was asked to rule on the suitability of the " bereits18.de " age verification system under the terms of Art. 4.2.2 of the Staatsvertrag über den Schutz der Menschenwürde und den Jugendschutz in Rundfunk und Telemedien (Inter-State Agreement on the protection of human dignity and minors in broadcasting and telemedia - JMStV). According to Art. 4.2.1 of the JMStV, broadcast and telemedia content is unlawful in principle if it is pornographic (No. 1), if it is included in certain lists of media...

IRIS 2007-4:1/12 [DE] Evidence Concerning Disputed Film Rights

In a judgement of 15 February 2007 (case no. 7 O 21384/03), the Landgericht München I (Munich District Court I) ruled on a case in which one of the German public service broadcasters had been accused by a film distributor of broadcasting its films without permission. It was alleged that, between 1995 and 2001, the broadcaster had shown 10 classic films from the 1950s and 1960s on its own channel and had broadcast them a total of 38 times in co-operation with other broadcasters on two other channels without obtaining the necessary permission. The Court upheld the complaint and ruled in the plaintiff's...

IRIS 2007-4:1/11 [DE] Constitutional Court Strengthens Rights of Journalists

In a ruling of 27 February 2007, the Bundesverfassungsgericht (Federal Constitutional Court - BVerfG) strengthened the freedom of the press and the protection of sources, as enshrined in Art. 5.1.2 of the Grundgesetz (Basic Law - GG). In their decision, the judges declared that both a search of the editorial offices of political magazine Cicero, and the confiscation of computer data in September 2005 were actions that were unconstitutional. These actions were taken following the publication of an article by a freelance journalist concerning the terrorist Abu Mussab al Sarkawi in April 2005. In...

IRIS 2007-4:1/5 European Commission: Sale of ProSiebenSat.1 to KKR and Permira Approved

The sale of the majority of the shares in German television company ProSiebenSat.1 Media AG to Lavena Holding 4 GmbH, an investment company controlled by equity funds KKR(Kohlberg Kravis Roberts & Co.) and Permira, has been approved by the Kommission zur Ermittlung der Konzentration im Medienbereich (Commission for the investigation of media concentrations - KEK) and the European Commission. Permira and KKR are private investment fund companies. In the media sector, they control the Dutch SBS television group, mainly active in Scandinavia, the Netherlands, Belgium and Central and Eastern Europe....