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IRIS 1997-2:1/10 [DE] Judgment by the Bavarian Administrative Court on illegal levying of a participation fee

On 09.01.1997 the Bavarian Administrative Court delivered a second-court judgment against the the Bavarian Regional Office for New Media ( Bayerische Landeszentrale für neue Medien - BLM) setting aside its judgment on the basis of the Bavarian Media Act (BayMG) on 26.05.1994 and the corresponding appeal judgment. This also amended the judgment of 16.10.1995 by the Administrative Court in Würzburg. A private cable operator, the überlandwerk Unterfranken AG, had complained that it had been obliged by the BLM to conclude an agreement with the media operating company according to which the latter...

IRIS 1997-2:1/9 [DE] What makes a cable operator? Bavarian court decides

The applicant operates several broad band cable facilities in Bavaria, using them to relay radio and television programmes received on his personal satellite installation to connected, fee-paying households. On 23 May 1996, he lodged a complaint against the notification requirement embodied in Section 38 I of the Bavarian Media Act and the requirement, embodied in Section 38 II of the Act, that contracts on the retransmission of satellite programmes be concluded with two media operating companies responsible in this area. He argued that he was not an operator within the meaning of Section 38 I...

IRIS 1997-2:1/8 [DE] Federal Constitutional Court decision on media concentration

On 18 December 1996, the Federal Constitutional Court rejected several constitutional appeals by the Berlin-Brandenburg Media Authority ( Medienanstalt Berlin-Brandenburg - MABB) as inadmissible. The appeals referred to legal disputes concerning the licensing of the German Sports Television Channel ( Deutsches Sportfernsehen DSF), which is part of the Kirch group. Although several Land media authorities had suggested that licensing DSF might be incompatible with the ban on concentrations contained in the 1991 Agreement on Broadcasting between the Federal States in United Germany, the Bavarian Regional...

IRIS 1997-1:1/32 [DE] Repeal of the Prohibition on Advertising for Lawyers

To date, the professional regulations governing lawyers' conduct have prevented them from advertising their services. At the end of November 1996, a meeting of the Federal Chamber of Lawyers ( Bundesrechtsanwaltkammer ) called to review the Chamber's statute adopted a new set of professional regulations. They include, inter alia, a liberalisation of the rules governing advertising. In future, under paragraph 6 of the regulations, lawyers will be allowed to provide information about their services and their persons. The opportunity of advertising in the media, especially printed media, and on the...

IRIS 1997-1:1/18 [DE] Were statements made by a neo-Nazi in a documentary an "offence arising from the content of a press publication"?

In its decision of 14.6.1996, the Third Criminal Chamber of the Federal Court ( Bundesgerichtshof-BGH ) dismissed the appeal on a point of law against his conviction by the Berlin Regional Court lodged by the accused, a notorious representative of neo-Nazi circles in Germany. The charge against the accused was based inter alia on the fact that in spreading the so-called Auschwitz lieie denying that the holocaust happened - he had made statements inciting racial hatred and other insulting remarks and was therefore liable to prosecution under Sections 90a(1/1/3), 130(3 aF), 185 and 189 of the Criminal...