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IRIS 2006-10:1/13 [DE] Collection of Fees for Retransmission of Programmes to Hotel Bedrooms

On 2 August 2006 the District Court of Cologne confirmed the fundamental legality of charging for retransmission of television programmes to bedrooms in a hotel. The plaintiff in the underlying legal dispute runs a hotel in which she transmits programme signals received via cable through the cellar to her distributor, amplifies them and distributes them to the hotel rooms. She additionally offered both hotel information and videos via the television sets. The programmes were transmitted under a cable connection contract between the plaintiff and a cable operator, under which the right was granted...

IRIS 2006-9:1/40 [DE] ZDF Has Achieved Journalistic Objectives

According to its Director General, Markus Schächter, Zweites Deutsches Fernsehen (ZDF), one of the public service broadcasters in Germany, has achieved many of the objectives it laid down in its programming plan for 2004-2006. The Director General drew this conclusion in his report on the broadcaster's efforts to meet the objectives it set for itself, submitted to the ZDF- Fernsehrat ( ZDF Television Council) in Saarbrücken. According to the provisions of the Rundfunkstaatsvertrag, ZDF , the Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (association...

IRIS 2006-9:1/39 [DE] Dispute over Advertising for Private Betting Services Still Not Resolved

No final decision has yet been taken on the future of advertising for private betting services in Germany. In a ruling of 28 March 2006, the Bundesverfassungsgericht (Federal Constitutional Court - BVerfG ) had decided that, in its current form, the state's sports betting monopoly in the Bundesland of Bavaria was incompatible with the Grundgesetz (Basic Law) (see IRIS 2006-6:8). According to subsequent BVerfG decisions of 4 July 2006 (case no. 1 BvR 138/05) and 2 August 2006 (case no. 1 BvR 2677/04), the same applied to the state's sports betting monopolies in Baden-Württemberg and North Rhine-Westphalia....

IRIS 2006-9:1/38 [DE] No Short Reporting

The public service broadcasters in Germany have agreed not to include short reports of the Sunday matches in the German football Bundesliga in their main news programmes. Neither the "Tagesschau" news programme at 8 pm nor the "heute-journal" at 9.45 pm will show footage of the Sunday matches, and viewers will only see the results and league tables. In an agreement with the German Football League (DFL), the broadcasters are contractually bound not to show any match action before 11 pm. In principle, all licensed TV broadcasters in Europe are entitled, under Art. 5 of the Rundfunkstaatsvertrag (Inter-State...

IRIS 2006-9:1/37 [DE] Satellite Encryption Agreement

Satellite operator SES-ASTRA, the RTL broadcasting group and MTV-Networks reached an agreement on 2 August 2006 under which the satellite transmission of the participating broadcasters' programmes will be encrypted and users will be charged a monthly fee of EUR 3.50, officially for the use of a "digital infrastructure". Originally, these measures were due to take effect from the first half of 2007. However, it was recently announced that SES-ASTRA has postponed the launch of encryption until the period between the third quarter of 2007 and the second quarter of 2008 because the co-operation between...