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IRIS 2017-7:1/14 [DE] Sky complaint over live Bundesliga rights heard by OLG Düsseldorf

A complaint by pay-TV provider Sky concerning an order issued by the Bundeskartellamt (Federal Cartels Office) in relation to the auctioning of live Bundesliga rights has been rejected by the OLG Düsseldorf (Düsseldorf Regional Court of Appeal). In order to create legal certainty for the future, Sky had disputed the instructions laid down by the Federal Cartels Office for the German Football League tender procedure in 2016. The Federal Cartels Office issued a “no single buyer” rule, which means that, from next season, Bundesliga matches will be broadcast live not only by Sky, but also by Eurosport...

IRIS 2017-6:1/33 [DE] KJM approves several solutions for age verification for closed user groups on the Internet

Since June 2015, the Commission for the Protection of Minors in the Media (KJM), an organ of the federal states media authorities in Germany, has approved several solutions for the age verification (AVS submodule) of German companies for closed user groups in telemedia. These include the modules "IDnow Video Ident" of IDnow GmbH from Munich and "Postident by Videochat" of Deutsche Post AG, but also the "DE-Mail" system of 1 & 1 De-Mail GmbH. Due to the Interstate Treaty on the Protection of Minors (JMStV), pornographic content, certain listed (indexed) content and content which obviously seriously...

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...