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IRIS 1999-9:1/14 [DE] Decision on the Conflict of Basic Rights between Private Broadcasters and the State Central Office for New Media

In its judgement of the 16th June 1999 the Bundesverwaltungsgericht (Federal Administrative CourtBVerwG ) dismissed the appeal by the Bayerische Landeszentrale für neue Medien (Bavarian State Central Office for New Media - BLM) against the ruling of the Bayerischer Verwaltungsgerichtshof (Bavarian Administrative Court - VGH) The VGH had found that the BLM had made the wrong decision concerning the application of the appellant, a local radio broadcaster, to be allowed to continue to broadcast under a frequency splitting arrangement or on its own frequency. Initially, with a view to improving the...

IRIS 1999-8:1/23 [DE] Federal Government Reports on Information and Communication Services Act

Two years after the Informations- und Kommunikationsdienstegesetz (the Information and Communication Services Act - IuKDG) came into force (1 August 1997, see also IRIS 1997-8: 11), the Federal Government has produced a report on experiences and developments concerning the new services covered by the Act in connection with its implementation. The Act aims to establish a reliable foundation in the information and communication services field, to create a balance between free competition, the legitimate needs of the user and the interests of public order, and to promote the economic development of...

IRIS 1999-8:1/10 [DE] New Baden-Württemberg Media Law Includes Must-Carry Rule

A new Landesmediengesetz (media law - LMedienG) was passed in Baden-Württemberg on 19 July 1999. The law takes into account the amendments to the Dritter Rundfunkänderungsstaatsvertrag (the Third Agreement to Amend the Agreement between Federal States on Broadcasting - see IRIS 1996-8: 12), which came into force on 1 January 1997, particularly those concerning the guarantee of diversity. Furthermore, the provisions for the regulation of broadcasting-type communication services, which were no longer needed following the entry into force on 1 August 1997 of the Mediendienstestaatsvertrag (the Agreement...

IRIS 1999-8:1/2 [DE] Liability for Organising Internet Competition

In a judgement delivered on 8 July 1999, the Landgericht Potsdam (the Regional Court - LG) rejected an application filed by a committee member of the Brandenburg branch of the Christian Democratic Union ( CDU) for a temporary injunction against the publication of an article on the World Wide Web. The defendant was the Brandenburg Bundesland which, as part of an action project against violence, right-wing extremism and xenophobia, had set up a competition whereby children and young people were invited to give their views on these three themes. These views were to be published on a web page set...

IRIS 1999-7:1/26 [DE] Draft Bill on Distance Marketing

On 31 May this year, the Federal Ministry of Justice tabled a draft Distance Marketing Law ( FernAG) which, according to the Federal Minister for Justice, should give mail order and electronic commerce customers greater protection. The aim is to bring German legislation into line with the provisions of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts. The draft's two main provisions for consumer protection are: the full obligation on companies to provide information, and consumers' cancellation rights...