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On 5 February 2025, the Verwaltungsgericht Köln (Cologne Administrative Court) ruled in summary proceedings that the leading candidate of the party Bündnis Sahra Wagenknecht (Sahra Wagenknecht Alliance – BSW) for the 2025 Bundestag election did not have to be invited to appear on the pre-election debate programme Wahlarena 2025 zur Bundestagswahl broadcast by the Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (ARD). On the same day, the Verwaltungsgerichtshof Baden-Württemberg (Baden-Württemberg Administrative Court)...

The statute on the regulation of media intermediaries (MI statute), which the state media authorities had initially failed to adopt unanimously due to a drafting error, came into force in Germany on 1 January 2025. The statute regulates in detail the provisions and procedures  laid down in Articles 91 to 95 of the Medienstaatsvertrag (state media treaty – MStV), which govern media intermediaries. In particular, it covers the transparency requirements and rules on discrimination that apply to media intermediaries in Germany. The MStV defines a media intermediary as any telemedia (essentially...

On 6 February 2025, the German state media authorities published the results of their Info-Monitor 2025. This report examines where and how the German population obtains information about current affairs, analyses changes in consumer behaviour, and investigates the level of trust among the population and the trustworthiness of certain information sources in relation to their political standpoint. The results of the study, which is based on surveys of the 14+ age group, show that information habits vary depending on age, level of trust in established media, region and political preferences. The...

In mid-November 2024, the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (German collecting society for music rights – GEMA) announced that it was the first collecting society in Europe to file a lawsuit against the US company OpenAI for the unlicensed use of protected musical works. GEMA wants the courts to clarify the remuneration obligation that it thinks should arise from OpenAI’s systematic use of its repertoire to train its AI systems. It has also asked the Landgericht München (Munich District Court) to decide whether the...

In various judgments issued on 11 September 2024 (case Nos. I ZR 139/23; I ZR 140/23; I ZR 141/23), the Bundesgerichtshof (Federal Supreme Court – BGH) decided that the use of images of a photo wallpaper on the Internet did not infringe rights protected under the Urheberrechtsgesetz (Copyright Act – UrhG) to the photographs printed on the wallpaper. The court examined in particular whether influencers could breach copyright law if protected works that they had no right to communicate to the public were visible in the background of videos or still images that they published in social...