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The interpretation of the concept of broadcasting has been the subject of discussion in Germany for some time (see IRIS-6:9). At the heart of the problem is the treatment of the new media. Broadcasting is defined in Article 2 of the Agreement on Broadcasting between the Federal States in United Germany (RStV) as presentation and dissemination to the general public of performances of any kind in words, sound or pictures using electrical vibrations with a conductor or without a connecting conductor. This raises the problem of the position of multi-media services. In particular there is the question...

IRIS 1995-9:13 included a report on the authorisation of HOT (Home Order Television) tele-shopping programmes by the Bavarian Central Office for New Media ( Bayerische Landeszentrale für Neue Medien BLM). This authorisation in Bavaria was challenged by RTL+, and as a result of provisional legal protection proceedings before the Munich Administrative Court the BLM was obliged to provisionally prohibit inclusion in the Bavarian cable network. The claim was based on the opinion that the authorisation did not comply with Article 27-3 of the Agreement on Broadcasting between the Federal States in United...

Following suspicion of the circulation of pornography among newsgroups on Internet, the State Prosecution Service in Munich instigated investigation proceedings against the German subsidiary of the on-line service CompuServe. These began with the impounding of private computers whose mailboxes were found to contain pornographic material. It is the view of the State Prosecution Service that the company CompuServe bears joint responsibility for the data circulating in its data network. In order to prevent offences being committed, checks must be made, using all available technical means, on whether...

The share-based approach to controlling the power of private broadcasters to shape opinion, which has so far applied in Germany, is to be replaced by a new approach, based on their percentage share of the audience. At their meeting in mid-October, the heads of government of the 16 Länder agreed on the main points of the new system. So far, programme providers in Germany have had to work through consortiums. Broadcasting bodies are licensed only when none of the partners holds 50% or more of the capital or voting rights. In future, even 100% holdings will be permitted. To keep power to shape opinion...

At a recent meeting, on 11 July 1995, the Conference of Directors of Land Media Authorities (DLM) presented a joint position paper on the introduction of Digital Video Broadcasting (DVB) throughout the Federal Republic. Having briefly discussed the technical possibilities of DVB, the wide-ranging paper concentrates on the question of what needs to be done in legal terms. Two sections contain separate recommendations on legal regulations and on action during the start-up phase of DVB. Nothing is said about Digital Audio Broadcasting (DAB), since the Land media authorities expect it to have marginal...