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IRIS 2013-8:1/14 [DE] BGH Bans Advertising Aimed at Children in Online Role-Playing Game

According to media reports, the Bundesgerichtshof (Federal Supreme Court - BGH), in a ruling of 17 July 2013 (case no. I ZR 34/12), upheld an action brought by the Bundesverband der Verbraucherzentrale (Federation of German Consumer Organisations - vzbv) and prohibited the software firm Gameforge from advertising game accessories sold in connection with its online role-playing game “Runes of Magic”. The vzbv had already cautioned Gameforge in 2010 and had brought actions in the lower courts. However, these had been dismissed by both the Landgericht Berlin (Berlin District Court) and the Kammergericht...

IRIS 2013-7:1/30 [DE] No injunctive relief in the case of photo reporting from the realm of contemporary history

In a judgment of 11 June 2013 (Case VI ZR 4/12) the Bundesgerichtshof (Federal Court of Justice - BGH) ruled that there was no entitlement to injunctive relief in the case of photo reporting from the realm of contemporary history. On 2 November 2010, the television channel of the public service broadcaster ARD carried an episode of a socio-critical satirical programme in which the plaintiff could be seen and heard for a total of three and a half minutes. A few months before, on 24 June 2010, the plaintiff, a member of a group of three women who describe themselves as “grandmothers against war”,...

IRIS 2013-7:1/29 [DE] New State Treaty for the SWR

On 3 July 2013, the Prime Minister of “Rheinland-Pfalz” and the Prime Minister of “Baden-Württemberg“ signed the New State Contract for the public broadcasting system in both countries, the Südwestrundfunk (SWR). The New State Treaty for the SWR came into force on 1 January 2014 and replaced the old State Treaty of 31 May 1997. The new SWR-State-Treaty specifies the programme mandate of the public broadcasting including the online activities of the SWR and directed the programme to a younger audience. By creating more flexible structures, the new state contract wants to allow the SWR the establishment...

IRIS 2013-7:1/9 [DE] Schleswig Administrative Court Confirms Sat.1 Licensor Switch

In a decision of 27 May 2013, which is yet to be published, the Verwaltungsgericht Schleswig (Schleswig Administrative Court - VG) rejected complaints about the decision of ProSiebenSat.1 TV Deutschland GmbH to change licences for its channel Sat.1. The switch was made due to disagreements between ProSiebenSat.1 and its subsidiary, Sat.1 SatellitenFernsehen GmbH (Sat.1), and the Landeszentrale für Medien und Kommunikation Rheinland-Pfalz (Rhineland-Palatinate regional media and communication authority - LMK) concerning the allocation of third-party transmission time and the broadcast of regional...

IRIS 2013-6:1/14 [DE] ARD and Producers' Alliance Agree Cooperation Guidelines

On 10 May 2013, the Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (association of German public service broadcasters - ARD) and the Allianz Deutscher Produzenten - Film & Fernsehen e.V. (alliance of German film and television producers - Produzentenallianz) agreed a set of cooperation guidelines for fully financed commissioned documentary productions (see IRIS 2010-2/14; IRIS 2010-10/25). Both parties believe that the guidelines considerably improve contractual conditions for producers. The guidelines are based on the agreement concluded between...