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IRIS 2000-1:1/16 [DE] Legality of Cable Allocation Monopoly Confirmed

In a ruling of 14 September 1999, the Bremen Higher Administrative Court (Oberverwaltungsgericht - OVG) upheld the regulations and practice of cable allocation in the Bremen Bundesland. At the end of 1997, the Bremen Land Media Authority (Landesmedienanstalt), in accordance with the Bremen Land Media Act (Bremisches LandesmediengesetzBremLMG) had approved a cable allocation system which set out, in order of preference, all channels which were to be included in the cable network. Such a system is only implemented if the available cable capacity is insufficient to accommodate all channels requiring...

IRIS 2000-1:1/15 [DE] Constitutional Court Overturns Court Bans on Film Broadcast

In a decision of 25 November 1999, the Federal Constitutional Court (Bundesverfassungsgericht - BVerfG) overturned two court rulings which a private television broadcaster had complained were unconstitutional. The courts concerned had banned the broadcaster from showing a particular film. A further appeal against a ruling which had permitted the broadcast, however, was rejected. Each case concerned a film about the murder of several soldiers in Lebach in January 1969. The two main offenders responsible for the murders had taken court action to prevent the programme being broadcast. Whereas the...

IRIS 1999-10:1/23 [DE] Regulatory Authority Condemns Failure to Observe Watershed

The Versammlung der Landeszentrale für private Rundfunkveranstalter Rheinland-Pfalz (the Rhine-Palatinate Assembly of private broadcasting organisations - LPR) objected to two TV films shown by SAT 1 which, in view of their linkage of sex and violence, were such as to endanger children and young people. The SAT 1 production shown on 23 February 1999 at 8.15 p.m. entitled „The price of innocence" opened with a bondage and torture scene linking sex and violence. Viewers had the sadistic murder of a young girl presented acoustically though not visually. In the LPR`s view, the scene was very long drawn...

IRIS 1999-10:1/11 [DE] Protection of Journalists` Information

In a criminal case involving official secrets, the Landgericht Bremen (District Court - LG) held, in its verdict of 13 August 1999, that the search of a broadcasting organisation`s newsroom together with the seizure of a draft report and the decisions leading thereto were unlawful due to the absence of authority to prosecute on the part of the high regional authorities concerned. The plaintiff is a broadcasting organisation. It reported in a TV magazine on the Bremen City Court of Audit`s budget, which was still confidential at the time of transmission. Information on the budget had until that...

IRIS 1999-10:1/10 [DE] Advertisements Making Use of Historic Figures of our Time

In its judgement of 2 September 1999, the Oberlandsgericht Munich (Regional Court of Appeal - (OLG) fully endorsed the temporary injunction granted by the Landgericht Munich (District Court). The Landgericht (LG) had restrained the publishing house concerned from making use of a portrait of the plaintiff`s mother for commercial purposes, in particular for television advertising, inasmuch as this picture was not reproduced in the editorial section of the same issue of the newspaper being advertised. A general ban on the use of portraits in advertising, for which the plaintiff had petitioned, was...