Search results : 1375

In a decision of 8 July 2014 that is yet to be published in full (case no. 7 A 4679/12), the Verwaltungsgericht Hannover (Hanover Administrative Court - VG) ruled that an episode of the RTL television series “Die Super Nanny” broadcast in 2011 breached human dignity. Both the programme itself and trailers for the series repeatedly showed several scenes of brutality in which a single mother shouted at, threatened and hit her children a number of times. In the programme, the “Super Nanny” persuaded the mother to stop treating her children with such extreme violence and to attend a suitable course...

In a decision taken on 11 July 2014 (case no. 10 ME 99/13), the Niedersächsische Oberverwaltungsgericht (Lower Saxony Administrative Court of Appeal - OVG) quashed an order that a licence granted to dctp to broadcast a third-party window as part of the RTL programme should take immediate effect. On account of its high viewing figures, RTL is obliged to make airtime available to independent third parties in the form of a window programme. For a five-year period beginning in July 2013, the Niedersächsische Landesmedienanstalt (Lower Saxony media authority - NLM) therefore invited tenders for a total...

In a ruling of 8 July 2014 (case no. Lv 5/14), the Verfassungsgerichtshof des Saarlandes (Saarland Constitutional Court - SVerfGH) decided that a Bundesland’s education minister is allowed to describe supporters of a legitimate, extreme right-wing German political party as “the brown mob” and “modern Nazis” at a school anti-racism event. Even though the remark in the case at hand was made at an event, the court’s decision is also relevant to comments made by politicians about parties and their members on television or in other audiovisual media. Saarland’s education minister had attended an event...

In a ruling of 27 May 2014 (case no. VI ZR 153/13), the Bundesgerichtshof (Federal Supreme Court - BGH) decided once again that, when considering whether a comment should be classified as disparaging, the comment must always be interpreted in the context in which it was made. Comments must not be interpreted in isolation or out of context. Even though the comment in the case at hand was published in a newspaper, the ruling is also relevant to the interpretation of comments made on television or in other audiovisual media. The plaintiff, who edits a German daily newspaper, was interviewed by the...

As of 13 June 2014, German consumers are entitled to cancel purchases of software, music, videos and apps downloaded from the Internet. The change is designed to implement Consumer Rights Directive 2011/83/EU, which aims to create a common, reliable standard of consumer protection across Europe. The amendment to the law on consumer cancellation rights itself does not contain any express regulation giving consumers the right to cancel purchases of intangible, digital content downloaded from the Internet. Rather, the introduction of such a right is demonstrated by the fact that such rights are restricted...