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IRIS 2014-7:1/14 [DE] Election scrutiny board rejects Bundestag election protest after “Lindenstraße” forecast

At its meeting on 3 April 2014, the Wahlprüfungsausschuss (Election Scrutiny Board) of the German Bundestag (lower house of parliament) decided to recommend that the Bundestag reject as unfounded a protest against the validity of the 18th German Bundestag election of 22 September 2013. On 22 November 2013, a citizen of the Bavarian town of Fürstenfeldbruck had faxed a protest against the validity of the Bundestag election of 22 September 2013. He had protested on the grounds that, in the 1,448th episode of the TV series “Lindenstraße”, entitled “Leistungsträger”, which was broadcast on the evening...

IRIS 2014-7:1/13 [DE] ZAK finds breach of reporting principles

On 13 May 2014, the German media authorities’ Kommission für Zulassung und Aufsicht (Commission on Licensing and Supervision - ZAK) ruled that reporting principles had been violated in the “Kabel eins” programme “Abenteuer Leben” on 20 March 2013. The ZAK considered that the report had given the impression that a factory in Holland used horsemeat to produce a special type of Dutch sausage (known as “Frikandellen”) because the “original recipe” included 5% horse meat. The report had also claimed that the factory was owned by a Dutch company. However, both statements had turned out to be false. The...

IRIS 2014-7:1/12 [DE] vzbv complains about unlawful streaming service T&Cs

According to an inspection of 14 video and music streaming services by the Bundesverband der Verbraucherzentrale (Federation of German Consumer Organisations - vzbv), a total of 130 of the general terms and conditions used by the service providers were unlawful because they put consumers at an unreasonable disadvantage. The vzbv has announced that it has so far cautioned 20 operators including Napster, Watchever, Spotify, Simfy and Amazon. As well as clauses restricting users’ warranty rights or operators’ liability, the vzbv questioned the operators’ right to block or withdraw their services at...

IRIS 2014-7:1/11 [DE] Rhineland-Palatinate Administrative Appeal Court complains about SAT.1 inserts

In a ruling of 29 April 2014, the Oberverwaltungsgericht Rheinland-Pfalz (Rhineland-Palatinate Administrative Appeal Court - OVG) decided that an insert used to introduce a commercial break infringed rules on the separation of TV programmes and advertisements because it contained a programme announcement. During a break between two early evening programmes, TV broadcaster SAT.1 had broadcast inserts that included the word “Werbung” (advertising). The inserts also contained programme announcements for a boxing match and the programme “The Voice of Germany”. The Landeszentrale für Medien und Kommunikation...

IRIS 2014-7:1/10 [DE] Koblenz Appeal Court accepts claim that intimate images should be deleted after relationship ends

In a decision of 20 May 2014, which is not yet final and has not been published in full, the Oberlandesgericht Koblenz (Koblenz Appeal Court - OLG) ruled that a partner’s consent to the storage of intimate photographs and film footage is limited to the duration of the relationship (case no. 3 U 1288/13). During a relationship between the plaintiff and the defendant, who is a photographer, a large number of photographs of the plaintiff were taken with her consent. They included intimate pictures, some of which the plaintiff had taken herself and given to the defendant in digitised form. After the...