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IRIS 1997-5:1/18 [DE] Agreement between Federal States (Länder) on the Südwestrundfunk

In Mannheim on 15 April 1997 the Minister Presidents of Rhineland-Palatinate and Baden-Württemberg provisionally agreed on behalf of their Länder the Agreement between the Federal States on the Südwestrundfunk (SWR). This new public-law broadcasting station, which will be available through one broadcaster in each Land (Baden-Württemberg and Rhineland-Palatinate), combine the two existing stations Süddeutscher Rundfunk (SDR) and Südwestfunk (SWF). The preamble to the Agreement between the Länder explains that this rearrangement of broadcasting in south-western Germany is also intended to give...

IRIS 1997-5:1/9 [DE] Criticism of "Infotainment" on TV - Court Defends the Press

On 23 August 1996, the Cologne Regional Court of Appeal (Oberlandesgericht - OLG) ruled that the fact that a press article on a private television station's news programme contained aggressive and belittling comments on its staff was not enough to justify the assumption that it served - even subjectively - a competitive purpose. Under the heading, "Opinion", a German magazine had published an article on the form and content of a private television station's news programme, which it described as a "daily blood and sperm soap", with reporters as "waiters, serving up easily digestible info-snacks"....

IRIS 1997-4:1/36 [DE] Minister-Presidents consider European Union has no authority to regulate sport coverage rights

At their meeting at the end of March 1997, the Minister-Presidents of the Länder (the federal states) discussed the question of exclusive live broadcasting of sports events of particular interest to the public by pay-TV. They talked with sport organisers, holders of rights, and private and public broadcasters. The meeting resulted inter alia in agreement that the question of exclusive coverage rights should preferably be settled by means of voluntary agreements among the parties concerned, with consideration being given to a reasonable proportion of basic supply. In this connection reference was...

IRIS 1997-4:1/11 [DE] Federal High Court Deliberates on Prohibition of Price-fixing Agreements for CD-ROM Products

In Germany price-fixing agreements are theoretically prohibited under cartel law (Section 15 of the Act against restraints on competition (Gesetz gegen Wettbewerbsbeschränkungen - GWB)). According to Section 16 of the GWB the only exceptions to this are the products of publishing houses. In the present computer age an increasing quantity of literature of all kinds is now appearing on CD-ROM, thereby raising the question of whether at law these electronic publications should be treated as books and thus included in price-fixing. In its decision of 11 March 1997, the cartel panel of the Federal...

IRIS 1997-4:1/10 [DE] Federal Constitutional Court Finds Obligation to Keep and Preserve Records Constitutional

In a decision of 26 February 1997, the Federal Constitutional Court (Bundesverfassungsgericht - BVerfG) declared the obligation of private broadcasters to keep records of their broadcasts for the purpose of broadcasting supervision and under specific conditions to submit such records to the regional media authority (Landesmedienanstalt) as the supervisory body compatible with the guarantee of the freedom of broadcasting contained in Article 5, paragraph 1(2) of the Basic Law (Grundgesetz - GG). The decision by the BVerfG was in response to an appeal on a point of constitutionality brought by a...