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On 4 November 2020, the German Bundesministerium der Justiz und für Verbraucherschutz (Federal Ministry of Justice and Consumer Protection – BMJV) published a bill on strengthening consumer protection in competition and trade law. The Entwurf einer Novelle des Gesetzes gegen den unlauteren Wettbewerb (Bill amending the Unfair Competition Act – UWG-E) is particularly designed to implement Directive (EU) 2019/2161 as regards the better enforcement and modernisation of Union consumer protection rules. It should improve consumer protection against unfair business practices, in particular...

On 7 November 2020, the new Medienstaatsvertrag (State Media Treaty – MStV) entered into force in Germany, replacing the previous Rundfunkstaatsvertrag (State Broadcasting Treaty). The treaty not only transposes the revised Audiovisual Media Services Directive (AVMSD), amended under Directive (EU) 2018/1808, into national legislation, but also addresses other elements of the German media system in the context of a changing media landscape. In particular, it contains provisions on the findability and prominence of digital channels that are applicable to media platforms, user interfaces and...

On 13 October 2020, the German Bundesministerium der Justiz und für Verbraucherschutz (Federal Ministry of Justice and Consumer Protection – BMJV) published a bill to adapt copyright law to the requirements of the digital single market. The bill mainly contains proposals for the implementation of Directive (EU) 2019/790 on Copyright in the Digital Single Market (DSM Directive) and Directive (EU) 2019/789 (the Satellite and Cable Directive, or SatCab Directive). In particular, the bill contains a proposal for a Urheberrechts-Diensteanbieter-Gesetz (Copyright Service Provider Act –...

A recent decision by the European Court of Human Rights (ECtHR) dealt with photojournalism and crime reporting in the media. The ECtHR dismissed a claim on journalistic freedom with regard to the publication of a photo of a juvenile delinquent, P. It found that an injunction preventing any publication of a portrait photo of P. had not violated a newspaper’s right to freedom of expression as guaranteed by Article 10 of the European Convention on Human Rights (ECHR). P. was 18 years old when he attacked and severely injured a man in a subway station by hitting and kicking him in the head....

In a report published on 15 September 2020, the Wissenschaftliche Dienst (research office) of the German Bundestag (lower house of parliament) noted that parts of the new law on combating right-wing extremism and hate crime were unconstitutional. The report raises concerns about the constitutionality of the law’s provisions on obligations to hand over deleted content and IP addresses to German prosecution authorities. It comes after the German Bundesverfassungsgericht (Federal Constitutional Court) recently declared current rules on the disclosure of inventory data unconstitutional. The...