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In a press release issued on 21 January 2021, the Direktorenkonferenz der Medienanstalten (Conference of Regional Media Authority Directors – DLM) announced that, in 2020, the Kommission für Zulassung und Aufsicht (Commission on Licensing and Supervision – ZAK) had investigated a total of 22 infringements of the programming rules contained in the Rundfunkstaatsvertrag (State Broadcasting Treaty – RStV), which has now been replaced by the Medienstaatsvertrag (State Media Treaty – MStV), by various national television channels. The ZAK is responsible for supervising...

On 7 January 2021, the federal government announced the launch of its new "Kino I" project as part of the "Neustart Kultur" financial aid programme for 2021, which is designed to further stabilise the economic situation of cinemas during the pandemic. The "Kino I" campaign forms part of the federal government’s "Neustart Kultur" programme that was launched in 2020. "Neustart Kultur" is a government-led financial aid programme designed to safeguard the film industry as a cultural asset, which is in particular need of support following the...

In a judgment (Case nos. C-422/19 and C-423/19) of 26 January 2021, the Court of Justice of the European Union (CJEU) ruled that payment in cash for the German radio and television licence fee could be refused on the grounds that the administrative cost of accepting cash payments was disproportionate. The case concerned two German citizens from Hessen who had offered to pay Hessischer Rundfunk (HR) for their radio and television licences in cash. HR had refused their offer with reference to a rule that it had adopted preventing cash payments for the licence. The two German citizens had then...

In a decision (I ZR 153/17) of 10 December 2020, the Bundesgerichtshof (Federal Supreme Court – BGH), Germany’s highest ordinary court, ruled that the information that must be disclosed concerning a user who has illegally uploaded copyright-protected content to a video-sharing platform does not include their e-mail address, telephone number or IP address. The court therefore followed the preliminary ruling of the Court of Justice of the European Union (CJEU) of 9 July 2020 (C-264/19). The dispute concerned an action brought by a film distributor against the YouTube Internet platform....

At the end of 2020, the Kommission für Jugendmedienschutz (Commission for the Protection of Minors in the Media – KJM) approved the auXenticate age verification system in accordance with the provisions of the Jugendmedienschutz-Staatsvertrag (State Treaty on the Protection of Minors in the Media - JMStV) of the German Länder. The KJM, as an organ of Germany’s Landesmedienanstalten (state media authorities), is responsible for monitoring compliance with the provisions of the JMStV applicable to broadcasters and telemedia providers. This is necessary to ensure a common...