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IRIS 2017-6:1/12 [DE] Newspaper publishers bring class action against Rundfunk Berlin Brandenburg online service

A number of newspaper publishers from Berlin and eastern Germany have brought a class action before the LG Potsdam (Potsdam District Court), claiming that the Internet service of Rundfunk Berlin Brandenburg (Berlin and Brandenburg public service broadcaster) is press-like and, in its current format, infringes the case law of the Bundesgerichtshof (Federal Supreme Court) and the provisions of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV). The second section of the RStV regulates public service broadcasting. Article 11d(1) RStV allows public service broadcasters to offer telemedia...

IRIS 2017-6:1/11 [DE] Twitch.tv channel requires broadcasting licence

At its meeting in Berlin on 21 March 2017, the Kommission für Zulassung und Aufsicht (Commission on Licensing and Supervision - ZAK) of the Landesmedienanstalten (regional media authorities) decided that the PietSmietTV Internet streaming channel should be banned unless it applies for a broadcasting licence by 30 April. The channel mainly streams Let’s Play, that is to say, video game footage, 24 hours a day, 7 days a week, on the Twitch.tv Internet platform. According to the ZAK, it is a broadcasting service and should therefore be licensed. Generally speaking, the Rundfunkstaatsvertrag (Inter-State...

IRIS 2017-5:1/12 [DE] Internet streaming of World Handball Championships required authorisation

At its meeting in Stuttgart on 31 January 2017, the Kommission für Zulassung und Aufsicht (Commission on Licensing and Supervision - ZAK) of the Landesmedienanstalten (regional media authorities) decided that Deutsche Kreditbank (DKB) should have obtained a licence to provide a live Internet stream of matches in the World Men’s Handball Championship. Although the media watchdog did not impose a fine in this case, it announced that it would take stricter measures against providers of similar streaming services in future. Between 11 and 29 January 2017, DKB had provided a live stream of 51 of the...

IRIS 2017-5:1/11 [DE] Cable providers must treat private broadcasters equally

On 23 February 2017, the Kommission für Zulassung und Aufsicht (Commission on Licensing and Supervision - ZAK) of the Landesmedienanstalten (regional media authorities) decided that platform operator NetCologne may not charge some private channels for carrying their programmes while, at the same time, carrying others free of charge. Since 2015, during the introduction of a new business model, NetCologne GmbH had, one by one, been replacing its existing agreements with broadcasters with new ones. This meant that some broadcasters had to pay for their programmes to be distributed while others did...

IRIS 2017-5:1/10 [DE] Licence fee also applies to second homes

In eight different procedures, the Bundesverwaltungsgericht (Federal Administrative Court) decided on 25 January 2017 that the application of the broadcasting licence fee to second homes is compatible with the principle of equal treatment (case nos. 6 C 7.16, 6 C 11.16, 6 C 12.16, 6 C 14.16, 6 C 15.16, 6 C 18.16, 6 C 23.16 and 6 C 31.16). The plaintiffs had argued that the full licence fee should not apply. Under the previous system, in which the fee had depended on ownership of a reception device, they had only been required to pay a reduced fee on the grounds that they only owned a radio or new...