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The Institute for Communication of the Land Baden-Württemberg (LFK) has, by a recently initiated invitation to tender for the allocation of broadcasting capacity, launched a nationwide pilot project for mobile broadcasting services (“Handy-TV”) and in so doing was the first Land Media Institute to implement a decision of the Directors' Conference of the Land Media Institutes. At the end of August 2005, the aforementioned institutes had recommended taking the necessary steps for the implementation of the project. The objective of the project, as identified by the LFK, was essentially the acquisition...

On 10 October 2005, the Assembly of the Bureau for Media and Communication (LMK) for the Land Rhineland-Palatinate rejected the rebuttal by the private television company Sat 1 of a complaint concerning surreptitious advertising. The company has been accused of violating the principle whereby television programmes and advertising remain separate. Fault was found with a television game, where the rabbit figure of a sweet manufacturer was faded into television series, films and entertainment shows. Television spectators were supposed to count the number of rabbits and could win prizes. This, in the...

The Commission for Youth Media Protection (KJM) has for the first time positively evaluated two partial solutions to age verification systems (AVS) for securing closed user groups on the Internet as defined by § 4 paragraph 2 line 2 of the Youth Media Protection Treaty. (JMStV). The modules are based on the plans of “fun SmartPay AVS” of fun communications ltd and “Identity Check with Q-Bit” of the SCHUFA Holding AG (an organisation involved with loans). In the KJM's opinion, an age verification system can only fulfil the requirements of the JMStv treaty, if firstly, the user's age may be verified...

In the run-up to the German parliamentary elections in October 2005 several rulings were issued in the German courts on the requirement for television broadcasters to transmit party political broadcasts. The subject was the party political broadcast of a small party that had anarchy as part of its political programme. The public service broadcasters ARD and ZDF had refused to broadcast it on the grounds of protecting young people. The verbal content of the broadcast comprised the party's candidate for Chancellor shouting out his “address”. The final fade-in ran: “Your vote for the garbage“. Otherwise...

In November 2005, the Landesrundfunkanstalten (Regional Broadcasting Authorities) of the ARD lodged a complaint with the Bundesverfassungsgericht (Federal Constitutional Court - BVerfG) against the fixing of the broadcasting licence fee in the 8. Rundfunkänderungsstaatsvertrag (8th Amendment to the Inter-State Broadcasting Agreement - RÄndStV). They claim that the latest procedure for fixing the licence fee breaches their freedom to broadcast as described in Art. 5.2.1 of the Basic Law. A EUR 0.88 fee increase was laid down by the regional parliaments and included in the 8. RÄndStV, EUR 0.21 less...