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IRIS 2002-7:1/15 [DE] ARD Exempted From Digital Broadcasting By Cologne Administrative Court

In a judgment of 4 June 2002, the Verwaltungsgericht (VG) Köln (Cologne Administrative Court) refused to issue a temporary order against broadcaster ARD, under which the latter would have been obliged to broadcast the football World Cup digitally via satellite. The Kirch Group had sold some of the broadcasting rights for the 2002 football World Cup in Germany to public service broadcasters ARD and ZDF. According to the contract, these rights only covered digital satellite broadcasting if it did not breach the exclusive broadcasting rights of licence-holders in other countries. However, satellite...

IRIS 2002-7:1/14 [DE] Professional Football Clubs Entitled To Radio Reporting Fee

In a first instance ruling of 26 April, the Landgericht Hamburg (Hamburg District Court) decided that professional football clubs are entitled to charge radio broadcasters who report live or otherwise from their stadia. The private radio broadcaster Radio Hamburg therefore lost a test case in which it had claimed that the clubs had no transferable or exploitable "radio rights". On the contrary, the Hamburg District Court ruled that the clubs were entitled to control reporting from their respective stadia independently and that they therefore owned a commercial good which they were free to exploit....

IRIS 2002-6:1/28 [DE] New Provisions on Protection of Minors

In May, new efforts were undertaken to reform the regulatory measure concerning the protection of minors. Well-publicised proposals were made for an Inter-State Agreement on the protection of human dignity and minors in broadcasting and telemedia and for a new Jugendschutzgesetz (Youth Protection Act). Up to now, different provisions regulating the protection of minors have applied in the broadcasting, media services and tele-services sectors. Certain more general laws on the protection of young people (the Act on the dissemination of written material and media content harmful to minors, and the...

IRIS 2002-6:1/17 [DE] PrimaCom Instructed to Carry Channels

On 22 April 2002, the Media Council of the Sächsische Landesanstalt für privaten Rundfunk (Saxony private broadcasting authority - SLM) issued an order, instructing cable network operator PrimaCom AG to carry certain channels. The order arose from a complaint lodged by the two public service broadcasters ARD and ZDF against PrimaCom AG at the end of January. ARD and ZDF claimed that PrimaCom was not making their digital programme bundle fully available to viewers in Leipzig. They argued, inter alia, that by refusing to retransmit them as part of the bundle, PrimaCom had withheld from viewers important...

IRIS 2002-5:1/19 [DE] ORB Need Not Pay Deutsche Telekom Fee

In a ruling of 20 March 2002, the Oberlandesgericht Brandenburg (Brandenburg Appeal Court - OLG Brandenburg) decided that Deutsche Telekom, as cable network operator for the public broadcaster Ostdeutscher Rundfunk Brandenburg (ORB), is not entitled to charge a fee for carrying ORB's programmes. The court of second instance rejected Deutsche Telekom's claim to a monthly fee of EUR 51,000 for feeding ORB into its cable network. However, the OLG Brandenburg recognised the fundamental importance of the case and granted leave to appeal against its ruling. So far, Deutsche Telekom has not taken up the...