Broadcast liberty

the broadcast liberty is in kind exp. 1 S.2 GG guarantees and protects all activities connected with the broadcast meeting.

Carriers of the fundamental right are private and public broadcast organizers. The public broadcasting corporations can appoint themselves as legal entities of the public right however only in so far to the broadcast liberty, when the state-free program principles betrofen are, or so far they in the area of life of the broadcast liberty to work, that are among other things financing and choice of personnel of the broadcasting corporations. This is justified with the function of the organized broadcasting corporations, which are to carry out the fundamental rights of the citizens on opinion and uninformativeness. For private broadcast organizers the broadcast liberty is not against it above all a defense right against national interferences, according to statement Federal Constitutional Court however straight run radio entrepreneur liberty.

The broadcast liberty covers all presentations in word, clay/tone and picture, reporting, expression of opinion, in addition, transmissions with a maintaining character. Furthermore it contains the liberty, the public information by physical to convey in particular electromagnetic waves and to thus protect the free and comprehensive forming of an opinion by electronic media. The broadcast liberty is to be understood parallel to the Pressefreiheit, those likewise by kind. One ensures to 5 Basic Law.

The subjective dimension of the Rundfunkreiheit as defense right offers protection from national interferences into the program autonomy.

More important is however the objective-legal dimension of the broadcast liberty: The individual broadcast liberty can be only exercised by the recipients, if the state guarantees the basic supply of a various program by legal basic conditions. After the Federal Constitutional Court the state is obligated to create a positive order those the substantial requirements to the variety, which program, which Marktzugang, supervision and financing legally regulate. The requirements of the broadcast liberty to the legislator and the organizers of broadcast were formulated and specified by the Federal Constitutional Court in its broadcast judgements. Since the state must follow this order of the condition, in order to create the necessary conditions for the kommunikative personality development of the citizens, the broadcast liberty is called by the BVerfG also serving liberty.

Compared to the press comes to the broadcast because of its larger topicality to out-arrange Suggestivkraft and broad effect a larger potential of the influence, so that the legislator is demanded in stronger measure, the broadcast order in order to prevent that the broadcast of a social group or the state is delivered.

The broadcast liberty can be limited by law. Interference and arrangement laws are differentiated. Interference laws are by the restriction of the broadcast liberty another fundamental right (z. B. the general personality right) protect. Here between the broadcast liberty and the colliding fundamental right is weighed out, whereby also the colliding fundamental right in the light of the broadcast liberty is to be laid out (reciprocal effect). Arrangement laws rise from the order to the state to create a positive broadcast order and are the straight broadcast liberty to carry out to help (z. B. Advertising prohibition for the third programs). Here it must be only examined whether the arrangement law is actually suitable around the broadcast liberty to secure and regulation meets one appropriately.

see also

law of communication media

also the reference to right topics consider institute for national medium please!
 

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