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IRIS 2005-10:1/19 [DE] Rebuttal of Surreptitious Advertising Rejected

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...

IRIS 2005-10:1/18 [DE] KJM Evaluates Partial Solutions for Age Verification Systems as Positive

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...

IRIS 2005-10:1/17 [DE] Rulings on the Transmission of Party Political Broadcasts

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...

IRIS 2005-10:1/16 [DE] ARD Appeals Against Broadcasting Licence Fee

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...

IRIS 2005-10:1/15 [DE] Radio Reporting from Football Stadiums

In an appeal procedure (case no. KRZ 37/03), the Kartellsenat (Cartels Chamber) of the Bundesgerichtshof (Federal Supreme Court - BGH) decided on 8 November 2005 that football clubs could charge a special fee to radio broadcasters reporting inside their stadiums. The judges of the BGH therefore upheld the earlier decisions of the Landgericht Hamburg (Hamburg District Court) of 26 April 2002 and Oberlandesgericht Hamburg (Hamburg Court of Appeal) of 12 June 2003. The radio broadcaster had lodged a complaint against the Hamburg-based football clubs HSV and FC St. Pauli and the DFL Deutsche Fußball...