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IRIS 2006-7:1/17 [DE] Advertising for Private Betting Services

The question as to the admissibility of advertising for private betting agencies in Germany is still not completely resolved. Even after the decision handed down by the Federal Constitutional Court (see IRIS 2006-6: 8), court rulings on the consequences that flow from the decision still differ. The regional court of Hamburg (LG Hamburg), for instance, issued an injunction on 14 June 2006 preventing the broadcasting company RTL from continuing to broadcast advertisements for a private sports betting agency. This was followed on 19 June 2006 by a decision of the first regional court of Munich (LG...

IRIS 2006-7:1/16 [DE] Inter-State Agreement Aims to Boost North Germany as a Location for Media Business

The North German Länder of Schleswig-Holstein and Hamburg intend in future to cooperate more closely on strengthening North Germany’s position as a location for media business. To that end, the Prime Minister of Schleswig-Holstein and Hamburg’s Governing Mayor met in Kiel on 13 June to sign a new Inter-State Media Agreement. In particular the Agreement provides for the private-broadcasting supervisory authorities of the two Länder - the Hamburgische Anstalt für die neuen Medien (Hamburg New Media Office - HAM) and Schleswig-Holstein’s Unabhängige Landesanstalt für Rundfunk und neue Medien (Independent...

IRIS 2006-7:1/15 [DE] Draft Telemedia Bill Approved

The Federal Government has set the course for an overhaul of German media law. On 14 June 2006 the Cabinet approved the text of a Bill drafted by the Ministry of Economics, which aims to standardise statutory provisions for a range of information and communication services. The main component of the legislative package is the new Telemediengesetz (Telemedia Act - TMG) (see IRIS 2005-2: 9). The concept of telemedia embraces both tele- and media services - previously covered by separate regulatory systems. Teleservices were provided for at federal level in the Teledienstegesetz (Teleservices Act),...

IRIS 2006-7:1/14 [DE] Internet Demonstration Does Not Constitute Violence

The Court of Appeal (OLG) of Frankfurt am Main in its decision of 22 May (Az: 1 Ss 319/05) overturned a ruling of the Frankfurt Magistrate's Court (AG) of1st July 2005, in which it had sentenced the instigator of an online demonstration against Lufthansa to paying a fine. Using software that they had themselves designed, the demonstrators intended to bring down Lufthansa’s server, so as to protest against the airline's involvement in deportations. In its ruling the Frankfurt AG considered that the online demonstration constituted an act of intimidation (§ 240 StGB ) against Lufthansa...

IRIS 2006-7:1/9 European Commission: Hessen’s Film Subsidies Approved

On 7 June 2006 the European Commission approved the EUR 20 million film subsidies programme of the Hessian government - the biggest in the Land’s history. Until 2009, using the Film Financing Fund Hessen-Invest - a citizens’ programme of the Land Hessen - EUR 5 million of soft loans will be allocated on an annual basis for financing film productions. The main focus is to be on small and medium sized companies in the film industry. In this way the Land of Hessen wishes to invest in projects which are likely to be an economic success. Decisions on financing are taken with due regard to risk estimates...