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IRIS 2024-1:1/19 European Court of Human Rights: Bild GmbH & Co. KG v. Germany

A judgment of 31 October 2023 of the European Court of Human Rights (ECtHR) found a violation of Article 10 of the European Convention on Human Rights (ECHR) at the request of Bild GmbH & Co. KG (Bild), the owner and operator of a news website (bild.de) in Germany. The case concerns a court ruling ordering Bild to cease publication of the CCTV footage of a police arrest without the face of one of the police officers involved being blurred. The ECtHR was opposed in particular to the general reasoning in the court order that any unpixelated coverage of the police action would be unlawful....

IRIS 2024-1:1/21 [DE] ZAK bans broadcast of Auf1 content by “schwarz rot gold tv” due to unlawful thematic placement

The Kommission für Zulassung und Aufsicht (Commission on Licensing and Supervision – ZAK) of the Landesmedienanstalten (state media authorities) has ruled that schwarz rot gold tv GmbH breached the ban on thematic placement enshrined in the Medienstaatsvertrag (state media treaty - MStV). The infringement occurred when six hours of editorial content from Media in res Medien GmbH (Auf1) were broadcast each day on the schwarz rot gold tv (SRGT) channel in return for a fee. As a result, schwarz rot gold tv GmbH has been banned from distributing such content for payment. The ZAK is the...

IRIS 2024-1:1/22 [DE] State media authorities report over 160 legal violations relating to the Middle East conflict to the European Commission

The terror recently waged by Hamas against Israel is currently being reflected in German media. Much of the content being distributed in relation to the Middle East conflict violates youth protection law and human dignity, especially when it promotes anti-Semitism or glorifies violence. In Germany, the 14 Landesmedienanstalten (state media authorities) are responsible under the Jugendmedienschutz-Staatsvertrag (State Treaty on the Protection of Minors in the Media – JMStV) for taking action against such content if it is being distributed via privately owned telemedia services. In recent...

IRIS 2024-1:1/23 [DE] BLM Media Council adopts AI guidelines

At its ninth meeting held on 19 October 2023, the Medienrat (Media Council) of the Bayerische Landeszentrale für neue Medien (Bavarian New Media Authority - BLM) adopted new guidelines on the use of artificial intelligence (AI) in journalism. Designed to protect the credibility of journalism and preserve democratic debate, the guidelines are merely an initial set of recommendations regarding the use of AI systems in journalism. In view of AI’s rapid development, however, they will need to be continuously updated. The authors accept that the use of AI in journalism has some benefits....

IRIS 2023-10:1/23 [DE] Comprehensive revision of Saarland media law with new rules for public service broadcasting and media regulation

On 17 October 2023, the Saarland state parliament adopted a law modernising Saarland media law. Under the reform, a separate law concerning the public service broadcaster Saarländischer Rundfunk (SR) was created, with structural changes to its management and internal control. Meanwhile, the provisions relating to the supervisory body, the Landesmedienanstalt Saarland (LMS), were amended, including changes to its governing bodies and director election procedure as well as the broadening of its remit. SR is one of the nine regional public service broadcasters in Germany. Under the amendment,...