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On 30 April 2015, the Bundesgerichtshof (Federal Supreme Court - BGH) ruled that the Tagesschau app may be unlawful if, when viewed as a whole, it is categorised as a press-like service (case no. I ZR 13/14). The case has now been referred back to the Oberlandesgericht Köln (Cologne Appeal Court - OLG Köln), which will decide whether the app breaches the ban on press-like services that are not related to a specific programme, enshrined in Article 11d(2)(1)(3) of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV). Since the end of 2010, ARD and NDR have provided the Tagesschau...

At the Conference of Minister-Presidents held in Brandenburg on 26 March 2015, the draft 17th Inter-State Broadcasting Agreement amending the ZDF Inter-State Agreement was adopted. It was signed at the following Conference of 18 June 2015. Article 19a of the draft contains new rules on the guarantee of independence from government, including provisions on avoiding conflicts of interest for governing body members (para. 1). The draft also prevents Television Council members serving as members of the Board of Directors (para. 2) and contains a list of people who are not permitted to join the Television...

According to media reports, the OLG Hamburg (Hamburg appeal court - OLG) ruled on 18 February 2015 (case no. 7 W 24/15) that daily newspaper journalists are not obliged to take legal action against third parties who publish an article that the journalists themselves have been prohibited from distributing. The court decided that an injunction obtained against the journalists did not apply to the publication of the article in other media, since once the journalists had completed the article and submitted it to their employer they no longer had any control over the article. The publication of the...

Not every "du" (the familiar form of address) in an online roll-up game is automatically an anti-competitive advertising. Rather, the average age of the targeted group is important that is to be addressed with the respective advertising within an online game. The District Court of Berlin (Landgericht) found this with a judgment of 21 April 2015 (Az .: 16 O 648/13). The Federation of German Consumer Organisations (vzbv) had filed a complaint. The lawsuit of the consumer protectionists was directed against the operator of an online role playing game. The company had promoted virtual game supplements,...

Youth protection programmes, alongside technical precautions and watersheds, are a specific instrument that content providers can use to protect young people in accordance with the Jugendmedienschutz-Staatsvertrag (Inter-State Agreement on the Protection of Young People in the Media - JMStV) when distributing Internet content that may harm the development of young people. The programmes enable parents to unblock internet content that is suitable for their children depending on their age, and to block unsuitable content. The Kommission für Jugendmedienschutz (Commission for the Protection of Young...