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IRIS 2013-2:1/17 [DE] Neustadt Administrative Court Extends Admissible Prominence of Product Placement

In a ruling of 17 December 2012 (case no. 5 K 1128/11.NW), which is yet to be published, the Verwaltungsgericht Neustadt an der Weinstraße (Neustadt an der Weinstraße Administrative Court - VG) upheld the appeal by the TV broadcaster Sat.1 against a decision of the Landesmedienanstalt Rheinland-Pfalz (Rhineland-Palatinate media authority - LMK) concerning unlawful product placement. The Kommission für Zulassung und Aufsicht (Licensing and Monitoring Commission - ZAK), a joint body created by the Landesmedienanstalten (regional media authorities) to monitor the media at national level, had found...

IRIS 2013-2:1/16 [DE] Anti-Competitive Agreement between Private Broadcasters

On 28 December 2012, the Bundeskartellamt (Federal Cartels Office - BKartA) fined Germany’s two biggest private broadcasters, the RTL Group and ProSiebenSat.1 Media AG, for entering into anti-competitive agreements under which both companies’ digital channels were to be broadcast in encrypted form. Even the main channels of both broadcasting groups would only be available for a monthly subscription fee. The companies were fined a total of around EUR 55 million. As well as the companies themselves, fines were imposed on two of their employees, who were held to be responsible for the agreement. The...

IRIS 2013-1:1/39 [DE] BGH declares retention of reports on suspected offenders in online archives lawful

In a judgment of 30 October 2012 (Case VI ZR 4/12) the Bundesgerichtshof (Federal Court of Justice - BGH) ruled that the retention of reports on suspected offenders in online archives is lawful. The plaintiff worked as a “special operations officer” for the Ministry of State Security in the German Democratic Republic (GDR). However, in civil proceedings he made a statutory declaration that he had never worked for that ministry. As a result of this false testimony, the public prosecutor’s office instituted criminal investigation proceedings against him, which were subsequently discontinued against...

IRIS 2013-1:1/17 [DE] Bundestag Votes additional EUR 100 Million for Culture

At its final meeting on the culture budget on 9 November 2012, the Budget Committee of the Bundestag voted an additional EUR 100 million for culture, an increase in funding of about eight per cent. This means that the culture budget has been significantly increased for the eighth year running. According to the Staatsminister für Kultur und Medien (Minister of State for Culture and Media), this cannot be taken for granted given the current public sector austerity measures and the constitutionally mandated “debt ceiling”. The total budget will amount to EUR 1.28 billion. The promotion of film production...

IRIS 2013-1:1/16 [DE] Government Decides to Introduce Compulsory Registration for Cinema Films

On 31 October 2012, the German government decided to amend the Bundesarchivgesetz (Federal Archive Act) to make it compulsory for producers and co-producers of German cinema films to register them in a Federal Archive database. The aim of this obligation to register is to safeguard the national film heritage. According to the Federal Government, films are not only economic but also cultural goods and comprehensive registration is accordingly in the overall public interest. Up to now, copies of films funded with public money have had to be deposited with federal and regional (Land) film funding...