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In a ruling of 30 October 2019, the German Bundesverwaltungsgericht (Federal Administrative Court) confirmed the rating of Bushido’s rap album ‘Sonny Black’ as harmful to minors. The Berlin rapper’s album glorified violence and contained highly discriminatory lyrics, according to the court. The decision examined the discretionary powers of the German Bundesprüfstelle für jugendgefährdende Medien (Federal Examination Office for Media Harmful to Minors – BPjM), the regulatory body responsible for classifying data media and telemedia with content harmful...

In a ruling of 9 September 2019, the Landgericht Berlin (Berlin District Court) rejected an application from a prominent German politician for information about the data of a number of users of the Facebook social media platform who had insulted her in the comments section below a post. However, the court decided that the verbal attacks did not constitute defamation and were therefore not libellous. In the controversial ruling, the judges discussed the circumstances under which the public expression of opinions about politicians constituted libel, an offence punishable under civil and criminal...

The Kommission für Zulassung und Aufsicht (Commission on Licensing and Supervision – ZAK) of the Landesmedienanstalten (regional media authorities), Germany’s national media regulator whose responsibilities include regulating national media platforms, has classified the Joyn and Prime Video streaming services as platforms within the meaning of Article 52 of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement – RStV). Munich-based Joyn GmbH is a joint venture of ProSiebenSat.1 Digital GmbH (50%) and Discovery Communications Europe Ltd. (50%). Amazon Instant Video Germany GmbH also has...

In a ruling of 26 September 2019 (VG 27 K 365.18), the Verwaltungsgericht Berlin (Berlin Administrative Court) decided that BILD, Germany’s best-selling daily newspaper, could no longer operate at least some of its live streams without a licence.In April 2018, BILD began organising and distributing online videos entitled “Die richtigen Fragen”, “BILD live” and “BILD-Sport – Talk mit Thorsten Kinhöfer”, which can be streamed live. In July 2018, the Medienanstalt Berlin-Brandenburg (Berlin-Brandenburg media authority – mabb), applying a decision of the Kommission für Zulassung und Aufsicht (Commission...

In a judgment of 1 October 2019 in Case C-673/17, the Court of Justice of the European Union decided that the consent necessary for storing and accessing cookies on a website user’s device was not validly constituted by way of a pre-checked checkbox that the user had to deselect to refuse his or her consent. Rather, consent must be given clearly and unambiguously in relation to the specific circumstances and with the necessary information provided. The CJEU ruling follows a dispute in Germany between the Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband...