Broadcast judgement

the German broadcast right is coined/shaped and strongly by the decisions of the Federal Constitutional Court in its broadcast judgements. To today eleven the broadcast judgements accompanied the development of the German broadcast market since the beginnings of the broadcasting corporations up to the today's binary broadcast system of public and private broadcast, united in the pool of broadcasting corporations, and concretized their basic conditions crucially.

In the following the eleven broadcast judgements with their places of discovery and most important theses are specified. A detailed representation of the judgements is in the articles to the individual judgements.

Table of contents

individual broadcast judgements

to 1. Broadcast judgement: Germany television GmbH

BVerfGE 12, 205-264 Germany television GmbH (1961)

  • state liberty of the broadcast
  • legislative competence of the countries for broadcast meeting (kind GG)
  • competence of the federation alone for the transmission technique, not for the contents of (kind. 73 Nr.7 GG)

2. Broadcast judgement: Value added tax

BVerfGE 31, 314 value added tax (1971)

  • broadcasting corporations are not “commercial or vocational” in the sense tax law, because they fulfill a public task and have a function for state-whole
  • broadcast may not to the “free play of the forces” be left, but are not thing of the public

3. Broadcast judgement: ASK

BVerfGE 57, 295 ASK (1981)

  • validity of private broadcast
  • broadcast liberty is a serving liberty for the free and comprehensive forming of an opinion
  • private broadcast only on legal basis, which secures the opinion variety; different arrangement possibilities exist 4 as binnenplurales or aussenplurales (market)
model [work on

]. Broadcast judgement: Lower Saxony

BVerfGE 73, 118 Lower Saxony (1986)

5. Broadcast judgement: Baden-Wuerttemberg

BVerfGE 74, 297 Baden-Wuerttemberg (1987)

  • basic supply is not called minimum insignificant
  • dynamic broadcast term: also “broadcast-similar communication services” (ons-line service) are enclosure

6. Broadcast judgement: WDR

BVerfGE 83, 238 WDR (1991)

  • inventory and development warranty for the public broadcast
  • mixing financing permissible
  • dynamic basic supplying term: from the function of the broadcast according to kind GG the openness of the public program offer for new forms and contents as well as for new services results by means of new technology

7. Broadcast judgement: Hessen3

BVerfGE 87, 181 Hessen3 (1992)

  • financing warranty is part of the broadcast liberty
  • advertising prohibition for public broadcast is permissible arrangement of the broadcast liberty

8. Broadcast judgement: Fee judgement

BVerfGE 90, 60 fee judgement (1994)

  • state liberty of the Gebührenfestsetzung
  • reorganization of the KEF - procedure necessarily

9. Broadcast judgement: EEC television guideline

BVerfGE 92, 203 EEC television guideline (1995)

10. Broadcast judgement: Short report refunding

BVerfGE 97, 228 short report refunding (1998)

11. Broadcast judgement: Specially to radio yard

BVerfGE of 97, 298 extra radio yard (1998)

  • fundamental right ability private broadcast organizers

see also

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

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