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In a judgment delivered on 23 December 1997, the Regional Court (Landgericht - LG) in Cologne ordered the television broadcaster RTL to refrain in future from acting in a legal advisory capacity in a broadcast on consumer affairs. The broadcaster in question had been taken to court by the largest German association of lawyers on the grounds of unauthorised legal counselling. The complaint was basically that these broadcasts, in which the defendant acted on behalf of citizens, presenting their predicament or what they felt was ill treatment on the part of authorities or commercial undertakings,...

In a judgment on 18 March 1998 the Regional Court (Landgericht) in Frankfurt-am-Main set aside a default judgment against the Fédération Internationale de l'Automobile (FIA) and dismissed the claim of a television production and marketing company. The case concerned the FIA's decisions on 20 October 1995 and 11 June 1997 amending the provisions of Article 26 of its "General Prescriptions" to the effect that from 01 January 1997 all broadcasting rights in respect of all motor sport series taking place in more than one country lay with the FIA. The FIA had entrusted the exclusive marketing of these...

In a decision on 20 Febraury 1998 the Federal Constitutional Court (Bundesverfassungsgericht - BVerfG) allowed the constitutional appeal made by a private Bavarian broadcaster against a judgment delivered by the Bavarian Constitutional Court of Appeal (Bayerischen Verfassungsgerichtshofes) and upheld the basic right to the freedom to broadcast in accordance with Article 5, para.1, sentence 2 of the Basic Law (Grundgesetz - GG) in respect of other private Bavarian broadcasters. On the basis of Article 111a of the Bavarian Constitution (Bayerischen Verfassung - BV), broadcasting in Bavaria is a...

Early in February, the Assembly of Land Councils of Private Broadcasters (Landeszentrale für private Rundfunkveranstalter - LPR) in Rheinland-Pfalz brought a formal complaint against the private television channel SAT1. It claimed that an item dealing with a night club, included in a programme shown by SAT1 between 6pm and 6.30pm, had broken the rules on protection of minors. The report featured a woman on display, as a sex object, to large numbers of men at the same time. Under the regulations on protection of minors contained in Article 3 (2) of the Agreement between the Federal States on Broadcasting,...

The Agreement between the Federal States on Broadcasting which regulates public and private broadcasting concerns in Germany (originally adopted on 31 August 1991 and last amended by the third revised version of 26 August 1996/11 September 1996 - see IRIS 1996-8: 12) is to be up-dated. A draft version of a fourth Agreement between the Federal States to amend their existing Agreements on Broadcasting was submitted for discussion by the Länder on 16 January 1998. In addition to bringing in new regulations on certain forms of advertising, media services and data protection, the new version is primarily...