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According to an initial analysis by the Gemeinsame Stelle Programm, Werbung und Medienkompetenz (Joint Programme, Advertising and Media Office) of the Landesmedienanstalten (regional media authorities), so-called split-screen advertising on TV does not breach media legislation. Split-screen advertising is when the programme itself and advertisements are broadcast at the same time. According to Article 7.4 of the Rundfunkstaatsvertrag (Inter-State Agreement on Broadcasting), advertising must be clearly separated from other programme items by optical means and must be announced as such. This assessment...

On 29 January 2004, the Deutsche Presserat (German Press Council) published its first activity report on the theme of "editorial data protection". The German Press Council is a self-regulatory body for the printed press. Under the amendment to the Bundesdatenschutzgesetz (Federal Data Protection Act - BDSG), which entered into force on 1 June 2001, it is responsible for monitoring the implementation of voluntary data protection guidelines related to the gathering, processing and use of personal data in the media The legal basis set out in Art. 41.1 BDSG is aimed at reconciling the protection of...

In February, all the parties in the Bundestag (Parliament) agreed on a common Bill that makes unauthorised and secret filming a punishable offence. In a corresponding amendment of the Strafgesetzbuch (Criminal Code - StGB), the protection of privacy will be increased as the existing ban on sound recordings is replaced with the new rule. Anybody who, without permission, takes or transmits pictures of another person in their home or places that are not directly visible to the public, will be liable to punishment. Such actions will be deemed to be unauthorised unless the person pictured has given...

In a recently published judgment, the Oberlandesgericht Köln (Cologne Appeal Court - OLG) decided in a dispute between a photographer (plaintiff) and the commissioner of a photograph (defendant) that the latter was not entitled under current copyright law (Art. 60 of the Gesetz über Urheberrecht und verwandte Schutzrechte (Act on Copyright and Related Rights - UrhG)) to disseminate a photograph on the Internet without the photographer's consent. On the instructions of a publishing firm, the plaintiff had taken photographs of the managing director of the defendant, a limited company (GmbH), to...

On 27 January 2004 the Conference of Directors of the Regional Media Authorities (DLM) dealt with questions concerning the acceptability of a so-called survival show (" Ich bin ein Star ­ Holt mich hier raus! " "I'm a Celebrity ­ Get Me Out of Here!"), in which "celebrities" were put in a camp in the jungle and required to perform certain unpleasant tasks. Viewers voted to decide who was to leave the camp and be eliminated from the competition. Immediately broadcasting of the show started, the Regional Media Authorities had asked the Kommission für Jugendmedienschutz (Commission for the Protection...