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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...

IRIS 1999-3:1/30 [DE] ProSieben Examination Period Comes to an End

The Investigating Committee on Media Concentrations ( Kommission zur Ermittlung der Konzentration im Medienbereich KEK) decided at its 21st sitting on 26 January 1999 that changes to shareholdings in the television company ProSieben could not be classified as harmful. Authorisation was required for Thomas Kirch to increase his holdings in the basic share capital, which carried voting rights, of ProSieben Media AG from 24.5 % to 58.4 % and of REWE Zentralfinanz eG from 40 % to 41.6 %. The changes, previously submitted to the Investigating Committee on Media Concentrations for approval, had already...

IRIS 1999-3:1/12 [DE] Niedersachsen Higher Administrative Court on Surreptitious Advertising

In a judgement of 15 December 1998 the Niedersachsen Higher Administrative Court ( Oberverwaltungsgericht OVG) dismissed the appeal of the television company RTL Television against a decision of the Land Media Authority of Niedersachsen. The subject of the original dispute was the observation that RTL Television, in broadcasting a programme, had violated the ban on surreptitious advertising. A repeat broadcast of the programme had also been forbidden. The children's programme concerned had been devoted to the "Barbie Doll", which was celebrating its thirtieth birthday. During the programme, phrases...