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IRIS 1998-9:1/18 [DE] Amendment of Regulation Governing the Federal Constitutional Court Makes Broadcast of Court Proceedings Possible

The German Parliament, after years of heated debate, gave its approval in April to an amendment to the Regulation Governing the Constitutional Court ( Bundesverfassungsgerichtsgesetz), which will in future make it possible to view the proceedings of the German Supreme Court on television. The change in the law will make it possible to make sound and film recordings as well as broadcast them on radio and television. Whereas in the past the Constitutional Court already permitted recordings of the announcement of the operative part of a judgement to be made, now the hearings, the pronouncement of...

IRIS 1998-9:1/11 [DE] Courts Decide on Election Advertising

By judgements on 1 September 1998 and 7 September 1998 the District Courts in Mainz and Cologne respectively decided on the admissibility of a party political broadcast by 'The Republicans" a party authorised to take part in the parliamentary elections. The same issue also arose before the District Court of Munich IThe background was the refusal by private broadcasters SAT 1, RTL, PRO 7 and Kabel 1 to broadcast the programme. In it, photos of the former German Chancellor Konrad Adenauer (German Christian Democratic Party) and the then opposition leader, Kurt Schumacher (German Social Democratic...

IRIS 1998-9:1/2 [DE] Düsseldorf District Court on Inline-Linking on the Internet

In its judgment of 29 April 1998, the Düsseldorf District Court dismissed an action by the owner of a page on the World Wide Web. The plaintiff complained that, when a link on the defendant's page was called up, its own page was displayed in such a way that the defendant's navigation elements continued to be visible (inlinelinking) and petitioned for a restraining order on the display of its own page in a frame of the defendant's page. A copy of the plaintiff's pages submitted to the Court portrayed various gluepots and a stylised, coloured shower cubicle. As to the facts of the case, the plaintiff...

IRIS 1998-8:1/30 [DE] Final Replacement of Analogue Broadcasting by Digital Technology Transmissions in 2010

Following working group discussions lasting several months, the Federal cabinet adopted, on 24 August, a plan for the introduction of digital radio in Germany. A complete switch of all television transmissions to the new technology is accordingly planned for the year 2010 at the latest ; for radio, digital reception is to be available alongside analogue no later than early 1999. All interested parties - programme and service providers, network operators, the regional authorities, television and radio set manufacturers, consumers, representatives of trade and commerce - took part in the preparations...

IRIS 1998-8:1/25 [DE] Principle of Separation between Advertising and Programmes; New Advertising Formats in Television

Under Section 7, para. 3 of the Agreement between the Federal States on Broadcasting ( Rundfunkstaatsvertrag - RFStV), television advertising must, using visual means, be clearly separated from other parts of the programme. For private television establishments this regulation is amplified by extensive provisions from the guidelines of the regional media authorities. With the introduction of new advertising formats, the problem of unambiguously identifying television advertising and separating it from the rest of the programme has become a very topical issue. The news broadcaster n-tv has, on...