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In a decision of 20 January 2015, the OLG Frankfurt (Frankfurt Court of Appeal - case no. 11 U 95/14) ruled that showing a football broadcast in a pub during normal opening times does not constitute a public screening if the programme is only made accessible to the members of a darts or skat club, to the exclusion of all third parties. Pay TV broadcaster Sky charges different subscription fees for private individuals and pubs. Only customers who pay the more expensive pub fee are allowed to show the programme in public. A pub manager had subscribed to the channel as a private customer, but had...

In its judgment of 26 February 2015 (case no. 4 StR 328/14), the Bundesgerichtshof (Federal Supreme Court - BGH) decided that video footage in which victims of crime can recognise themselves on the basis of identifiable personal features is covered by the criminal law provision enshrined in Article 201a(1) of the old version of the Strafgesetzbuch (Criminal Code - StGB) (Article 201a(1)(1) of the 49th Act amending the Criminal Code). This provision is designed to protect the intimate privacy of individuals from intrusion through the taking of video and photographs. In the case concerned, a gynaecologist...

In two cases related to humorous cigarette advertisements, the European Court of Human Rights found that there had been no reason for the domestic authorities to interfere with the freedom of commercial speech in order to protect the right of reputation and the right to their own names of two public persons referred to in the advertisements, without their consent. The European Court found, in particular, that the German Federal Court of Justice had struck a fair balance between freedom of expression (Article 10) and the right to privacy (Article 8). The first applicant, Dieter Bohlen, is a well-known...

At its meeting on 28 January 2015, the Kommission für Jugendmedienschutz (Committee for the Protection of Young People in the Media - KJM) gave a positive assessment of the “[verify‐U] face‐to‐face” module, an additional age verification system devised by Cybits AG for closed user groups in telemedia. According to the Jugendmedienschutz-Staatsvertrag (Inter-State Agreement on the Protection of Young People in the Media - JMStV), certain telemedia services that are harmful to minors may only be distributed within a closed user group. As a result, telemedia providers are required to ensure that access...

Following an application from Kabel Deutschland Vertriebs und Service GmbH & Co. KG, the Bayerische Landeszentrale für neue Medien (Bavarian New Media Office - BLM) has decided that there are no grounds in media law to prevent the ARD-Alpha analogue feed being withdrawn from the cable network. In accordance with the official procedure for programme reassignment in the cable network, Kabel Deutschland had announced its intention to withdraw the analogue feed of the ARD-Alpha (previously BR-Alpha) TV channel from its cable service in Bavaria at the end of 2014 and requested confirmation that there...