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On 3 March 2021, the Kommission zur Ermittlung der Konzentration im Medienbereich (Commission on Concentration in the Media – KEK) published a study it had commissioned from the Fraunhofer Institute for Open Communication Systems (FOKUS) on the recording of video streaming usage data. The report primarily considers the different technical approaches that can be used and how the regulatory framework should be shaped accordingly. The KEK is responsible for monitoring compliance with the rules protecting the diversity of opinion on national commercial television and taking relevant decisions....

On 22 March 2021, the Bavarian Constitutional Court refused to suspend individual provisions of the Zwölfte Bayerische Infektionsschutzmaßnahmenverordnung (Twelfth Bavarian Infection Protection Measures Ordinance - 12. BayIfSMV) of 5 March 2021 by interim injunction. The Ordinance issued by the Bavarian State Ministry of Health and Care contains protective measures for preventing the spread of COVID-19 disease. The petitioners had filed an application for a temporary injunction against regulations of the ordinance concerning, among other things, the closure of certain cultural...

The Kommission zur Ermittlung der Konzentration im Medienbereich (Commission on Concentration in the Media – KEK) has no objections to the licensing of a linear television channel that Amazon Digital Germany GmbH plans to launch in Germany under the working title ‘Prime Video Live’. At its 256th meeting, it decided that diversity of opinion would not be harmed if the channel was granted a licence. Amazon Digital Germany GmbH, which is affiliated to Amazon.com, Inc., applied to the Bayerische Landeszentrale für neue Medien (Bavarian new media authority – BLM) for...

The Staatsvertrag zur Neuregulierung des Glücksspielwesens in Deutschland (state treaty on a new system of regulation for gambling in Germany, Glücksspielstaatsvertrag 2021 – GlüStV 2021), which was signed by the heads of government of the German Länder on 29 October 2020, should enter into force on 1 July 2021. However, this is dependent on the treaty being ratified by at least 13 Länder by 30 April 2021 and by Saxony-Anhalt, where the new joint gambling authority of the Länder will be based, from 30 June 2021. The new state gambling treaty contains fundamental...

The 14 German Landesmedienanstalten (state media authorities) have jointly drafted new rules to implement the provisions of the new Medienstaatsvertrag (state media treaty – MStV). The boards of the individual media regulators are now gradually approving these rules, clearing the way for them to enter into force. The new rules are designed, among other things, to express in practical terms the MStV’s provisions on advertising.The principle being that minor broadcasting services (primarily Internet streams) do not require prior authorisation, and the MStV’s new provisions on media...