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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...

IRIS 2006-7:1/4 Court of Justice of the European Communities: Advocate General’s Opinion in Case C-380/03 (Tobacco Advertising Directive)

Advocate General Léger has argued in his closing submissions that the claim lodged by Germany against the Directive on advertising and sponsorship of tobacco products in media other than television (2003/33/EC) should be dismissed (Case C-380/03) (see IRIS 2005-7: 10). Germany had already challenged a previous, similarly entitled Directive of 6 July 1998 (98/43/EC) in the ECJ on the grounds that its legal basis was incorrect (Case C-367/98) and had succeeded in having it completely annulled. In September 2003 Germany made a fresh application for annulment of the follow-up Tobacco Advertising Directive...

IRIS 2006-6:1/17 [DE] Discussion on Funding of Public Service Broadcasters Continues

In a letter dated 27 April 2006, the German Federal Government issued its response to the request for further information about the financing and remit of public service broadcasters (doc. E 3/2005) sent by the Competition Directorate-General of the European Commission on 10 February 2006. The Federal Government agreed the content of the document with the Bundesländer , who are responsible for broadcasting and could access information from ARD, ZDF and DeutschlandRadio . It stressed that, in its reply to the previous request for information sent on 6 May 2005, it had already answered a series of...