Three-step test (broadcasting law)

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A three-step test is a procedure in Germany that has been used since 2009 to check the compatibility of the so-called telemedia offers of the public broadcasters with the statutory provisions.

Legal basis

The three-stage test refers to Section 11 f of the 12th State Broadcasting Agreement (RÄStV), which came into force on June 1, 2009 and is intended to ensure the legitimacy of public law and thus fee-financed online offers. The approval process uses a three-stage test to determine whether certain online offers (in technical jargon telemedia ) of the public broadcasters are covered by their mandate. Otherwise, the corresponding offers must either not be introduced or, in the case of existing offers, must be removed immediately. The broadcasters have to submit detailed telemedia concepts to their supervisory bodies, on the basis of which the examination is carried out.

Process of the three stages

The online offer is based on the three-step test in accordance with Section 11 f (4) RStV checked,

1st stage: whether it corresponds to the democratic, social and cultural needs of society,

2nd stage: to what extent it contributes qualitatively to the journalistic competition and

3rd stage: what financial effort is required for this.

The three-stage test is to be carried out by the respective committee of the public service broadcaster (radio, television or radio council).

New or changed online offers from public broadcasters must be subjected to this procedure. All previous offers had to be checked within the period from June 1, 2009 to August 31, 2010.

background

The background to this procedure is a complaint filed by the Association of Private Broadcasting and Telemedia (VPRT) with the European Commission in 2003 , which led to proceedings against the Federal Republic of Germany on suspicion of unlawful aid , which in turn resulted in a compromise in 2007 (the so-called aid compromise ) had ended. In it, Germany had undertaken to specify the legal mandate of public broadcasters and to introduce a suitable procedure for checking the legality of the broadcasters' online activities. The three-step “Public Value Test”, which was used by the British BBC Trust from 2007 to 2017 to evaluate new programs on offer by the BBC, served as an important model for the three-step test, which is unique of its kind .

criticism

Because of the great effort involved, the three-step test was sometimes referred to as a bureaucratic monster , which meant a considerable amount of additional work for public service broadcasters, both financially and personally.

The constitutionality of the three-step test has been questioned in the specialist literature.

See also

literature

  • Ladeur, Karl-Heinz, ZUM 12/2009, p. 906 ff .; Vespermann, Sven-Erik, The three-step test: order specification by procedure; ISBN 978-3-9814285-1-3

Web links

Remarks

  1. ↑ European Commission, letter to the federal government, subject: State aid E 3/2005 (ex-CP 2/2003, CP 232/2002, CP 43/2003, CP 243/2004 and CP 195/2004) - Germany. The financing of public broadcasters in Germany , K (2007) 1761 final, Brussels, April 24, 2007
  2. ↑ Butz Peters : The "Three-Step Test": The Future of Public Law Online Offers ( Memento of February 20, 2009 in the Internet Archive ) (PDF), in: Kommunikation & Recht 1/2009, accessed on April 14, 2015
  3. ↑ ZB Ladeur, Karl-Heinz, ZUM 12/2009, p. 906 ff .; Vespermann, Sven-Erik, The three-step test: order specification by procedure; ISBN 978-3-9814285-1-3 .