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On 17 December 1999, the Berlin Administrative Court ( Verwaltungsgericht - VG) held the practice followed by n-tv using a crawling display simultaneously with the normal picture for advertising purposes to be admissible. Since August 1998, the private news station n-tv had started running advertising material alongside stock prices in a crawling display on the lower part of the screen. The crawl strip was separated from the main programme by a red stripe. The advertising messages were preceded by two stars and the word "advertising" plus another star and closed off by the same sequence in reverse....

On the occasion of the directors' conference held 7 and 8 December 1998 in Munich, the directors of the regional media authorities have completed the first structural paper dated 16 December 1997 about the distinction between broadcasting and media services after a hearing of representatives of the association of private cable distributors ( Verband Privater Kabelnetzbetreiber e.V. - ANGA), of the study group for private broadcasting ( Arbeitsgemeinschaft Privater Rundfunk - APR), of the federal association of German newspaper publishers ( Bundesverband Deutscher Zeitungsverleger - BDZV), of the...

Under § 26 para. 2 of the Agreement between the Federal States on Broadcasting ( RundfunkstaatsvertragRfStV), it is assumed that an audience market share of 30% leads to a predominant power of opinion-making. Among other things, a television broadcaster having reached this threshold must not be granted any further licence. The same applies if the audience market share is slightly below this value, provided that further conditions stated in § 26 of the RfStV are met. The law has left open the extent of the figure below the 30% line that is still considered "slightly below". In the context of the...

In a judgement given on 15 October 1998, the Berlin Administrative Court (VG Berling) authorised the ProSieben Media AG by means of provisional legal protection to broadcast the Willy Bogner film "Fire, Ice, and Dynamite" ( Feuer, Eis und Dynamit) without having to indicate that it is an extended advertising programme. The film had already been the issue of two competition legislation decisions of the Federal Court (BGH: Judgement dated 6 July 1995 I ZR 58/93 and judgement dated 6 July 1995 I ZR 2/94). The BGH instructed the Willy Bogner Film GmbH to point out the particular advertising nature...

The Federal Constitutional Court ( Bundesverfassungsgericht - BVerfG) has decided on 28 October 1998 not to accept a constitutional complaint entered by the ZDF ( Zweites Deutsches Fernsehen). Title merchandising of all kinds of products therefore does not fall under the protection of the freedom of broadcasting guaranteed by Article 5, para. 1, clause 2 of the Basic Law. In 1987, the ZDF had broadcast a serial entitled "The Guldenburg Heritage" ( Das Erbe der Guldenburgs) which was partly filmed in a castle. Even before the shooting had been completed, the owner of the building had registered...