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On 30 November 2006, the German Bundestag adopted an amendment to the 2004 Telekommunikationsgesetz (Telecommunications Act - TKG) (see IRIS 2004-6: 9). One particularly controversial change concerns the sector-specific regulation of emerging "new markets" (see IRIS 2006-3: 12). For months, the European Commissioner for Information Society and Media had been warning the German Government against granting so-called "regulation holidays" for companies with significant market power if they opened up new sectors with innovative new services. This was considered a breach of the Directives on electronic...

At their conference in Bad Pyrmont from 18 to 20 October 2006, the Minister-Presidents of the Länder agreed to continue the state betting monopoly. As the current Chair of the Conference of Minister-Presidents, Lower Saxony is responsible, along with the Länder of Bavaria, Berlin, North Rhine-Westphalia and Rhineland-Palatinate, for organising a hearing on the draft Staatsvertrag zum Glücksspielwesen (Inter-State Gambling Agreement). One of the main amendments is the ban on advertising for public gambling services on television, via the Internet and by telephone. An exemption to the ban on TV advertising...

The European Commission has endorsed Germany’s new film fund on the basis of EC Treaty state aid rules. The Commission’s assessment of the scheme was based on the criteria set out in its 2001 Communication on state aid for cinema and audiovisual works (see IRIS 2001-9: 6). The scheme has been approved until 31 December 2009. In summer 2006, the Federal Government decided to introduce measures to support the German film industry (see IRIS 2006-8: 12) and asked a group of experts to draw up the key allocation criteria for a new system of production cost rebates. After these key criteria were put...

The Federal Constitutional Court arrived at a decision on 22 August 2006 on a case in which there was a judicial initiative by the court, relating to the inheritability of assets pertaining to the right to privacy. The Court’s decision was the outcome of a lawsuit involving the use of a picture of Marlene Dietrich for advertising purposes. In 1993 the defendant in the original proceedings and subsequent plaintiff who deals in photocopying machines promoted the environmental friendliness of her equipment in a newspaper advertisement using a photograph of a well-known scene from the film „The Blue...

On 15 September the District Court of Hannover imposed a fine of EUR 10,000 on an Internet page provider. A photographer from Hannover had shown photos of minors striking unnatural and sexually suggestive poses on pages that he managed, some to which access was free and others which required payment. The Media Institute for Lower Saxony (NLM) had, on account of the violation of the Youth Media Protection State Agreement, imposed fines in November 2005 and June 2006 in this case, which the party concerned subsequently challenged in court. The District Court has now confirmed the legal view of the...