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IRIS 2002-2:1/7 [DE] Regional Media Authorities Ban Religious and Political Advertising

The Landesmedienanstalten (regional media authorities), which monitor private broadcasting in Germany, have recently dealt with two cases concerning the ban on religious and political advertising. On 8 January 2002, the regional media authorities' Gemeinsame Stelle Werbung, Recht, Europa und Verwaltung (Joint Office for Advertising, Law, Europe and Administration) recommended that each of the regional media authorities, which are responsible for monitoring private broadcasters, should ban further broadcasts of advertisements for the book Kraft zum Leben ("Power for Living"), published by the American...

IRIS 2002-2:1/6 [DE] Broadcasting Agreement Amendments Adopted

On 20 December 2001, the heads of the German Bundesländer agreed to and signed the proposed amendments contained in the 6th Agreement Amending the Rundfunkstaatsvertrag (Inter-State Agreement on Broadcasting - RStV). Once they have been adopted by the parliaments of the Länder, the revised versions of the RStV, the Rundfunkfinanzierungs-Staatsvertrag (Inter-State Agreement on the Funding of Broadcasting - RFinStV) and the Mediendienste-Staatsvertrag (Inter-State Agreement on Media Services - MDStV) should enter into force on 1 July 2002. The provisions on media concentration contained in the RStV...

IRIS 2002-2:1/5 [DE] Network Operators' Hike in Cable Fees Prohibited

At the end of last year, the cable network operator Primacom lost a case at the Leipzig Amtsgericht (District Court - AG) to a client who had complained about a rise in cable connection fees. The company had explained that the rise was necessary because it intended to digitise its cable network and had to cover the cost of that investment. In its ruling, however, the court deemed such a price rise to be illegal. In particular, Primacom could not rely on its general terms and conditions for cable connection, under which appropriate price rises were permitted if Brussels modernisation became technically...

IRIS 2002-2:1/4 [DE] Federal Supreme Court Rules on TV Advice Programmes

On 6 December 2001, the Bundesgerichtshof (Federal Supreme Court - BGH) reached five decisions of general principle concerning the admissibility of TV advice and consumer programmes. The defendants were various public and private TV broadcasters, who had broadcast certain legal information (concerning problems with holidays, for example), answered viewers' questions over the telephone or helped individual viewers to resolve legal disputes. The plaintiffs claimed that these programmes were in breach of the Rechtsberatungsgesetz (Legal Advice Act). Under the Act, legal advice may only be offered...

IRIS 2002-1:1/34 European Commission: Aid for Film and TV Production in Hamburg and Baden-Württemberg Approved

In autumn 2001, the German Federal Government notified the European Commission of two film aid schemes in accordance with Art. 88(3) of the EC Treaty. The schemes provide support for film and TV productions in Hamburg and Baden-Württemberg through the granting of partially repayable loans and subsidies. The aid is provided through the companies FilmFörderung Hamburg GmbH (FFH) and Medien und Filmgesellschaft Baden Württemberg mbH (MFG) , which were founded specifically for this purpose. In both cases, the Commission decided to approve the aid schemes under Art. 87(3)(d) of the EC Treaty. The...