Broadcast right

broadcast right is a subrange of the law of communication media, which is concerned with the legal basic conditions of the broadcast meeting.

Table of contents

legislative competence

the legislative competence for the broadcast lies according to kind. 30 GG with the countries (see. 1. Broadcast judgement). The competence of the federation for telecommunications from kind. 73 No. 7 and kind. only the transmission technique concerns 78 lit f GG.

broadcast liberty and dual broadcast order

in Germany differ fundamentally the conditions of the public broadcast and the private broadcast, which form the binary broadcast system together. Basis for it are the broadcast liberty made of kind GG as well as the broadcast judgements of the Federal Constitutional Court, which the broadcast liberty specified and concretized.

The broadcast liberty hunts the legislator the creation of a positive order for the broadcast up. The legislator must regulate all substantial questions of the broadcast order by law. As substantial the BVerfG regards the requirements to the opinion variety, to the program, the regulation Marktzugangs for broadcast organizers and the supervision.

The public broadcast is particularly coined/shaped by the understanding of the broadcast liberty as “serving liberty”: Organization and financing, Binnenverfassung and “federal group structure” (Paschke, law of communication media 2. A., S. 93) rise from the constitutional requirements of state, a party and restaurant economics. On the other hand by the private broadcast organizers only a lowered “basic standard” is required, which justifies itself in the binary broadcast order by the fact that the Grundversorgnung is guaranteed by the public institutes. However also the private ones have to carry providing for variety after the iurisdiction of the Federal Constitutional Court. “As serving liberty” the broadcast liberty becomes not primary “in the interest of the broadcast organizers, but ensures in the interest of free individual and public forming of an opinion.” (BVerfGE 83, 238, 315; Notice: Serve instead of earning!)

broadcast term

the broadcast term of the BVerfG is dynamic (see. 5. Broadcast judgement - Baden-Wuerttemberg) and development. That is, does not become differently than at the press after the transmitting medium, and/or. the transmission technology defined. This means however straight in view of the increasing medium convergence a certain conceptual indistinct one. Indeed it is hardly possible to limit the constitutional broadcast term sharply however in the meantime probably consent exists over the fact that e.g. Internet services because of the interaction and option of the user no more the broadcast to be assigned cannot. Those already 1961 in the 1. Broadcast judgement - Germany television GmbH made demarcation for telecommunications (at that time still telecommunication system) has against it still existence: The send-technical range of the broadcast is along-covered by the telecommunications right of the federation.

common regulations

§§ the 1-10 of the broadcast state contract contain general regulations, which apply to public and private broadcast equally.

program principles

for all country widely spread television programs apply the general program principles out § for 3 RStV, in particular the attention. § the adherence to the journalistic care regulates 10 RStV.

inadmissible transmissions

sound § 4 RStV i. V. m. §§ 4, 5 Jugendmedienschutz StV are transmissions, which offended against, war-wonderful-end or are youth-endangering, as well as transmissions, which offend against penal laws, inadmissibly. Transmissions, which could impair the development of young people, may only between 22, and/or. 23 and 6 o'clock to be radiated.

radio advertising

advertisement in § 2 Abs.2 Nr.5 RStV defined as expression, which is sent in the broadcast, in order to promote the paragraph of goods or the contribution from services to. For a mention or a representation if a payment is paid, this is already considered as advertisement (in particular during Schleichwerbung). In principle permissible maximally 12 minutes of advertisement must be recruited between the transmissions as block, per hour are (§§ 14 Abs.2, 15 exp. 3, 44 exp. 2, 45 Abs.2 RStV).

Advertisement may not mislead (§ 7 Abs.1 RStV) and the interests of the consumers, their health and security not to harm. Political, world-descriptive or religious advertisement is inadmissible (§ 7 Abs.8 RStV).

In principle advertisement and program must be clearly separated around a contentwise influence of the program by advertisement to exclude, § 7 exp. 2.3 RStV. Thus become secured the independence of the program organization, fair competition and the interests of the spectators. For the same reason continuous commercials must be marked (§ 7 Abs.5 RStV).

Schleichwerbung is after § 7 exp. 6 RStV forbade. In advertising spots also no newscasters or moderators of political magazines may arise (§ 7 Abs.7 RStV).

Sponsoring of individual transmissions or transmission parts (z. B. Weather forecast) is permitted, if contents of the transmission are not affected by the sponsor and are not referred briefly at the beginning or at the end of the transmission to the sponsor (§ 8 RStV). May not however for the purchase of products o.a. are recruited.

short report refunding right

after § 5 RStV is entitled to each television organizer a short report refunding right .

public broadcast

legal basis

the public transmitters have their legal basis in the conventions, like e.g. Second Channel of German Television StV, NDR StV.

program principles

the public transmitters are to the order for program (see. § 11 RStV) binds. In particular the broadcasting corporations are obligated to balance, impartiality, objectivity and to the adherence to the journalistic care. The level of the program must serve the order for basic supplying of the information, education, consultation and maintenance.

supervision

internal the public broadcasting corporations become by the binnenpluralistisch organized broadcast councils, which controls Second Channel of German Television by the Fersehrat. By pluralistische occupation those is to become secured opinion variety within the programs. External control is done via the national legal supervision, which may become only reduced active however, in order to ensure the state liberty of the broadcast, which derives the Federal Constitutional Court from the broadcast liberty. (Legal basis e.g. § 31 Second Channel of German Television StV).

financing

fundamental is permissible for the public transmitters a mixing financing. That is, beside the broadcast fees the public broadcast may finance itself also from advertisement, Sponsoring or by the production and utilization of broadcast productions, §§ 12.13 RStV (see. 6. Broadcast judgement). However also (national) a financing warranty from the run radio liberty, which must guarantee the basic supply, follows (see. 7. Broadcast judgement). The fee financing must however like also the program meeting, by national influence being kept free, in order the broadcast liberty to become fair (see. 8. Broadcast judgement). The fees are determined by the KEF and drawn in then of the GEZ. Between the institutes a financial adjustment takes place.

advertisement

it may be recruited only in the first television program of the pool of broadcasting corporations and in the Second Channel of German Television, in the other programs (e.g. Phoenix, third programs) does not find advertisement instead of (§16 Abs.2 RStV). The radiant emittance of advertisement with pool of broadcasting corporations and Second Channel of German Television depends on their advertising guidelines, which are based on § 16a RStV and which concretize execution §§ of the 7.8.15.16 RStV. Teleshopping finds in the public broadcast not instead of (§ 18 RStV), advertisement may only at working-days and before 20 o'clock be sent and on the day altogether any more than 20 minutes not be amounted to.

private broadcast

legal basis, permission

the meeting of private broadcast requires a permission after § 20 RStV. In addition the institutes for national medium of the countries are responsible, § 38 RStV. In the procedure of admission (§§ 20ff. RStV) must be revealed among other things the articles of association, indirect and direct participation under company law, principal and right to vote conditions.

In addition it must be proven that the broadcast organizer does not exercise a prevailing opinion power by the television program. In order to secure the opinion variety, the spectator portions of under company law interlaced transmitters are taken into account to the organizers (z. B. the transmitters of the RTL group of RTL , RTL II, super RTL, are interlaced with one another Vox , n-tv). If these transmitters reach together a spectator portion of 30%, measures must be seized to the variety safety device. This knows the grant of transmitting time by the radiant emittance of regional window programs, to independent third (e.g. dctp) or the delivery of participation happen. The spectator portions are determined of the KEK, which suggest also the respective measures and in the procedure of admission are compellingly involved.

the private broadcast organizers on advertisement, Teleshopping, other incomes (z know financing for financing. B. by Merchandising), repay (Pay TV) or own means fall back.

supervision

the private broadcast organizers are supervised by the respective state-free organized institutes for national medium, which the adherence to the regulations of the broadcast state contract, the youth medium protectorate contract as well as the national medium laws to control. With offences, e.g. against solicitor-successfully, the institutes for national medium can impose penalties after § 49 RStV. Similarly as with the public broadcast program advisers are to opinion variety within the program to contribute. They have predominantly however only advisory function.

advertisement

pro day may consist maximally 20% of the transmitting time of advertisement. In principle the advertisement is to always take place also here as block and between individual transmissions. Within a transmission must between two of advertising block 20 minutes distance be kept. To messages, services and sport broadcasts special arrangements apply. Per day eight Teleshopping windows are permissible with a transmitting time of altogether no more than 3 hours (channels, those excluding Teleshopping send are no broadcasting stations separate medium services!)

Pay TV

paying television or Pay TV is permissible in different forms. In principle the same regulations apply as to the freely receiptable television. Only for the transmission of large events, like e.g. § ä RStV prescribes olympic plays, final games of football championships, as well as plays of the German national soccer team that these large events must be radiated at least in a freely receiptable program, which reaches two thirds of all German households. That is, it is forbidden transferring such events exclusively in the Pay TV.

digital broadcast

the conversion of the past similar transmission technology to digital broadcast, which is to be carried out up to the year 2010 in Europe, requires new regulations, which guarantee a chance-same and discrimination-free entrance of the different transmitters to the digital technology. Thereby so-called in particular are problematic. bottle necks (bottle necks) or gatekeeper (goal keepers), i.e. Places, at those one decides on the entrance to a transmission technique, the sequence of the representation in navigators and on the compatibility of coding techniques.

regional broadcast

for broadcast, which is not country widely spread, can meet the respective Land of the Federal Republic in the national medium law own regulations, if the broadcast state contract is not relevant.

current problems

  • concerning the broadcast fees the range of the test right of the countries is discussed at present. The pool of broadcasting corporations considers a constitutional complaint against the Gebührenfestsetzung by the countries in April 2005, which deviates downward from the suggestion of the KEF.
  • The range of the dynamic broadcast term (see. 6. Broadcast judgement) is disputed: also do a “medium park” (Second Channel of German Television) and extensive on-line appearances belong to the permissible edge use? The European Union commission assumes here like also the private sector an inadmissible economic manipulation of the public ones.
  • Is that Internet a transmission path for broadcast? Do broadcast fees have to be paid for Internet-suited computers?

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