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IRIS 1999-4:1/26 [DE] Regulatory Authority Complains of Discrimination over Cable Charges

The Regulatory Authority for Telecommunications and Post ( RegTP) has claimed that the way Deutsche Telekom AG organized charges for the feeding of programmes into broad band cable networks was discriminatory. Responding to complaints from various broadcasting companies and private broadcasters, the RegTP examined the provisions of the regulation on fees, applied by Deutsche Telekom AG, contained in Section 30 of the Telecommunications Act. It emerged that the leading German network operator applied different fees, depending on how the programmes were transmitted. Charges made for the feeding...

IRIS 1999-4:1/25 [DE] Regional Media Authorities Complain about Split-Screen and Virtual Advertising on RTL and DSF

Complaints procedures have been brought against both RTL and DSF concerning alleged breaches of advertising regulations. The supervisory Lower Saxony Regional Media Authority ( NLM) made a complaint about the splitting of the screen between rounds of a boxing match shown on RTL. On 27 February 1999, RTL twice split the screen between rounds of a boxing match into a large advertising window and a smaller window showing pictures of the boxing venue. According to previous interpretations of the rule on separation of advertising and programme material, set out in § 7.3.2 of the Agreement between the...

IRIS 1999-4:1/7 [DE] Invasion of Personality Rights during Talkshows

Following its meeting on 23 March 1998, the General Congress of the Association of Regional Media Authorities ( ALM) stated that, although the voluntary code of conduct for daytime talkshows (see IRIS 1998-9:13), drawn up by the Association of Private Broadcasting and Telecommunication Operators ( VPRT), had initially had a positive impact, a significant rise in the number of problematic programmes had since been noted. Although the number of programmes dealing exclusively with sex-related topics had fallen, the main problem now was that talkshow guests were verbally abusing each other in a degrading...

IRIS 1999-4:1/6 [DE] Federal High Court on Prohibition of Seizure and on Search of Premises of Freelance Journalists

In January this year, the Federal High Court (BGH) dismissed the proceedings brought by a freelance journalist against a search and seizure order. In the course of the preliminary investigation of a person suspected of having supported a terrorist organization, the BGH committing magistrate ordered a search of the editorial offices of a daily newspaper. The purpose was to look for and seize an "open letter" to the Rote Armee Fraktion (RAF), presumed to be there, from a co-defendant. In the letter there were statements to the effect that the defendant had been aware of a RAF bomb attack carried...

IRIS 1999-3:1/31 [DE] End of Examination Period for PREMIERE-Digital

At its 21st sitting on 26 January 1999 in Potsdam, the Investigating Committee on Media Concentrations ( Kommission zur Ermittlung der Konzentration im Medienbereich - KEK) decided that licence applications made by PREMIERE for digital pay-TV programmes could not be rejected on the grounds of the need for diversity of opinion on television. According to Article 26 (3) of the Agreement between Federal States on Broadcasting, if a company gains a predominant market position by owning the rights to a large number of programmes, further programmes owned by that company may not be granted authorisation...