Table of contents Broadcasting law

Table of contents

A. The history of broadcasting in Germany

I.

The broadcasting organisation from 1923 to 1949

II.

The broadcasting regulations after 1949

III.

The development of the dual broadcasting system in the FRG

IV.

The broadcasting organisation in a united Germany

V.

Summary

B. Basic concepts of broadcasting technology

I.

Terrestrial broadcasting

II.

Broadband cable network and narrowband telephone network

III.

Satellite systems

IV.

The digitisation of broadcasting

V.

Communication in computer networks

VI.

Summary

C. Constitutional framework of the broadcasting organisation

I.

Concept of freedom of broadcasting according to the Federal Constitutional Court

II.

State freedom of broadcasting

III.

Organisation of freedom of broadcasting

1.

Design laws

2.

Constitutional justification

IV.

Restriction of freedom of broadcasting

1.

General laws

2.

Laws on the protection of minors and honour

V.

Legislative competences

VI.

Summary

D. European framework conditions

I. European fundamental right to freedom of broadcasting

1.

Art. 10 ECHR

2.

Charter of Fundamental Rights of the EU

EC Television Directive

1.

Context of origin

2.

Definition of television

3.

Regulatory scope

III. Convention on Transfrontier Television

IV. Summary

E.

The concept of broadcasting

I.

Constitutional concept of broadcasting

1.

Definiteness for the general public

2.

Performances of all kinds

3.

Dissemination by means of telecommunications

II.

Simple legal definition of broadcasting

III.

Differentiation from media, telecommunications and telecommunication services

1.

System of graduated regulatory density

2.

Media services

3.

Relationship between RStV and MDStV

4.

Teleservices

5.

Relationship between TDG and MDStV

6.

Relationship between TDG and RStV

7.

Differentiation from the Telecommunications Act

IV.

Summary

F.

Overview of the broadcasting laws

G.

The dual broadcasting system

H.

Public service broadcasting

I.

The functional area of public service broadcasting

1.

Basic service

2.

The guarantee of existence and development

a.

The guarantee of continued existence

b.

The development guarantee

3.

From the basic supply to the functional mandate

4.

Content and scope of the functional mandate

5.

The statutory programme mandate

6.

Economic activity

II.

Broadcasting organisations as institutions under public law

III.

Structure of the public broadcasters

1.

Intendant

2.

Broadcasting Council

3.

Board of Directors

IV.

Supervision

1.

Internal supervision

2.

External supervision

V.

Financing of public service broadcasting

1.

Principle of functionally appropriate overall financing

2.

Broadcasting licence fee

a.

Legal nature

b.

Priority of the licence fee

c.

Procedure for determining and setting the financial requirements

aa.
Constitutional background
bb.
Notification of requirements by the broadcasters
cc.
Review by the KEF
dd.
Fee setting by the federal states

d.

Collection of the licence fee

e.

Distribution of the licence fee

f.

Aspects of the licence fee under European law

3.

Income from advertising

4.

Other sources of revenue

VI.

Summary

I.

Private broadcasting

I.

State Media Authorities

1.

Legal form

2.

Internal structure of the state media authorities

3.

Tasks

4.

Means of supervision

5.

Co-operation between the state media authorities

a.

General

b.

Co-operation within the framework of concentration control

c.

Co-operation in the context of the protection of minors

d.

Co-operation in other matters

6.

State supervision of the state media authorities

7.

Financing

II.

Access to private broadcasting

1.

Jurisdiction

2.

Licence obligation

a.

Broadcasting

b.

Broadcasting-like communication services

3.

Licence requirements

a.

Personal requirements

b.

Material requirements

4.

Allocation of transmission capacities

a.

Conventional authorisation models

b.

The driving licence model

5.

Procedure

6.

Withdrawal, revocation, ancillary provisions

III.

Concentration control

1.

General information

2.

General requirements for diversity of opinion in private broadcasting

3.

The audience share model

a.

Predominant power of opinion

b.

Bonus system

c.

Determination of audience shares

d.

Attribution of programmes

e.

Legal consequences of dominant position

IV.

Financing of private broadcasting

1.

Revenues from advertising and teleshopping

2.

Other sources of income

3.

Exclusion from the licence fee

V.

Summary

J.

General requirements for the organisation of broadcasting

I.

Programme principles

II.

Safeguarding cultural identity

III.

Broadcasting times for third parties

IV.

Protection of minors

1.

Constitutional background

2.

Interstate Treaty on the Protection of Minors in the Media

3.

Co-regulation

V.

Advertising

1.

General information

2.

Definition of terms

a.

Intention to promote sales

b.

Third-party advertising

c.

Self-promotion

d.

Media advertising

3.

Content requirements

4.

Prohibition of influence

5.

Principle of separation

6.

Prohibition of non-material advertising

VI.

Sponsoring

VII.

Summary

K.

Media literacy and media user protection

I.

Media literacy

II.

Discussions with citizens

III.

Complaints procedures

IV.

Counterstatement

V.

Media-specific data protection

VI.

Summary

L.

Redistribution

I.

General

II.

The analogue cable assignment

1.

Priority model

2.

Selection model

III.

The allocation of digitised cable systems

1.

General information

2.

Must-carry area

3.

Can-carry area

4.

Non-must-carry area

5.

Legal protection options

IV.

Summary

M.

Digital broadcasting

I.

Switch-Over

1.

General information

2.

Grandfathering

3.

Basic supply during the switch-over

II.

Freedom of access

1.

General information

2.

Non-discriminatory access

III.

Summary

(Changed: 11 Feb 2026)  Kurz-URL:Shortlink: https://uol.de/p20315en
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