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IRIS 2022-6:1/19 [DE] Federal government evaluates the coronavirus pandemic’s impact on culture and media

Responding to a question submitted by the CDU/CSU parliamentary group, the German Bundesregierung (federal government) gave its views on the consequences of the coronavirus pandemic in the cultural and media sector, along with a provisional evaluation of the various coronavirus grant programmes. The question was based on the fact that the cultural, creative and events industry had been hit particularly hard by the consequences of the coronavirus pandemic because it had been placed under heavy restrictions from the outset and had drawn little benefit from temporary relaxations of the rules....

IRIS 2022-6:1/20 [DE] Constitutional complaint about data reconciliation for licence fee collection unsuccessful

In a ruling of 21 January 2022, the German Bundesverfassungsgericht (Federal Constitutional Court –BVerfG) rejected two constitutional complaints concerning the automatic, regular transfer of personal data from the German registration authorities to the Landesrundfunkanstalten (state broadcasting authorities) for the purpose of collecting the broadcasting licence fee. The complainants had claimed, inter alia, that their right to informational self-determination had been breached, but the BVerfG rejected the complaints on admissibility grounds. The constitutional complaints had been lodged...

IRIS 2022-6:1/21 [DE] Discussion draft on the amendment of state youth protection treaty published

On 15 March 2022, the Rundfunkkommission (Broadcasting Commission) of the German Bundesländer, which acts as a joint discussion forum and decision-making body on media policy and related legal questions for the Heads of the State and Senate Chancelleries, adopted proposals to reform the Jugendmedienschutz-Staatsvertrag (Interstate Treaty on the Protection of Minors in the Media – JMStV). The proposals were published in the form of a discussion draft and a consultation procedure was opened. The reforms, which focus in particular on the improvement of technical measures to protect young...

IRIS 2022-5:1/22 [DE] NDR’s constitutional complaint concerning Tagesschau app rejected

In a ruling issued on 23 February 2022 and published on 25 March 2022, the Bundesverfassungsgericht (Federal Constitutional Court – BVerfG) rejected a constitutional complaint lodged by Norddeutscher Rundfunk (NDR) regarding the admissibility of the Tagesschau app on the grounds that the complaint was inadmissible. The dispute dates back to 2011, when eight newspaper publishers, in coordination with the Bundesverband Digitalpublisher und Zeitungsverleger (Federal Association of German Newspaper Publishers – BDZV), filed a complaint against ARD and NDR with the competition chamber...

IRIS 2022-5:1/24 [DE] Federal Council adopts position on proposed European Media Freedom Act  

In a resolution adopted on 11 March 2022, concerning the European Media Freedom Act announced by the European Commission, the German Bundesrat (Federal Council) expressed support for sector-specific rather than fully harmonised regulation in the media sector. The Federal Council welcomed the Commission’s decision to launch a debate on how media freedom could be protected and strengthened in Europe, as well as an open public consultation on the subject. The German Länder believed the answer to this question was crucial for Europe’s future because the EU was not only a single...