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IRIS 2007-9:1/2 Advocate General: Public Broadcasters Considered as "Public Contracting Authorities"

If a broadcaster is financed indirectly through licence fees that have to be paid by the owners of receiving devices, it is considered to be "financed by the State" within the meaning of Art. 1(b) para. 2 of Council Directive 92/50/EC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (identical to Art. 1 para. 9 of the follow-up Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts). This...

IRIS 2007-8:1/44 [DE] Deutschlandradio Forced to Withdraw D-Plus Digital Radio Service

Deutschlandradio was forced to switch off its digital channel D-Plus following an order by the Rundfunkkommission (Broadcasting Commission) of the Länder on 31 July 2007. D-Plus had been launched on 4 December 2006 in order to supplement the range of DAB digital radio services. Each weekday, the channel repeated four hours of documentary and discussion programmes originally broadcast on radio and television. It was closed down after the Verband Privater Rundfunk und Telemedien e.V. (association of private broadcasting and telemedia providers - VPRT ) lodged a complaint with the Hessische Staatskanzlei...

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...