Media service

from Wikipedia, the free encyclopedia

Media service is 1. a legal term and 2. in general usage a term for service providers in the media sector.

Media service as a legal term

Legal regulation

The legal term media service comes from the earlier state treaty on media services . Since March 1, 2007, the more comprehensive legal term telemedia has been used in the State Treaty for broadcasting and telemedia instead.

The State Treaty on Media Services regulated, among other things, questions of information obligations (§ 10 MDStV) and the obligation to reply (§ 14 MDStV) of service providers on the Internet. Under media services were in the state treaty

  • the offer and use of information and communication services aimed at the general public

understood (§ 2 Paragraph 1 No. 1 MDStV). The scope of the State Treaty was opened when a media service was available that

  • in text, sound or image,
  • using electromagnetic vibrations without a connecting line or along or by means of a conductor

was spread.

Section 2 (2) MDStV defined several examples . Media services were thereafter among other things

  • Teleshopping offers (pure teleshopping channels)
  • Distribution services for measurement results and data acquisition
  • TV text, radio text and similar text services (teletext)
  • Services for text, sound or image presentations on request (newsletters, online newspapers)

Demarcation issues

From a legal dogma , the scope and limits of the term media service were controversial. To differentiate it from the teleservices according to the Teleservices Act, different views have been represented in the specialist literature. The distinction between license-free media services and broadcasting events subject to licensing under the Interstate Broadcasting Treaty was also disputed, for example in the case of Internet radio and video streaming . Here z. B. the working group of the state media authorities argues on the particular broad impact, topicality and suggestive power of radio compared to other media offers, which the Federal Constitutional Court postulates since the 8th broadcasting judgment .

Teleservices Act and State Treaty on Media Services expired on March 1, 2007. The terms teleservice and media service have since been incorporated into the comprehensive term telemedia of the Telemedia Act. The earlier criteria for delimiting teleservices, media services and broadcasting are sometimes still used in the specialist literature to determine those telemedia for which the special requirements in the Telemedia section of the State Treaty on Broadcasting and Telemedia (Sections 54 - 61 RStV) must be observed. These requirements include: B. Information obligations according to § 55 RStV and the obligation to include a reply according to § 56 RStV.

Media service as a service provider in the media sector

In common parlance, the term media service is also used for some service providers. This is the name given to service agencies that provide other media representatives with information, such as the German Press Agency (DPA) in Germany . International news agencies such as Reuters should be mentioned. The information obtained from these media services for a fee usually serves as the basis for public reporting in newspapers , radio broadcasts and in the various news magazines on television . It is therefore usually information that not every media representative can research himself. These are then supplemented with your own information and local news.

literature

On the media service as a legal term:

  • Klaus Beucher, Ludwig Leyendecker, Oliver von Rosenberg: Media laws. Broadcasting - media services - teleservices. Commentary on the State Treaty on Broadcasting, State Treaty on Media Services, Teleservices Act and Teleservices Data Protection Act . Munich 1999. ISBN 3-8006-2387-0
  • Martin Bullinger , Ernst-Joachim Mestmäcker : Multimedia services . Baden-Baden 1997. ISBN 3-7890-4633-7
  • Wolfgang Lent: radio, media, teleservices . Studies on German and European Media Law, Volume 6, ed. by Dieter Dörr . Frankfurt a. M. 2001. ISBN 3-631-36960-3
  • Urban Pappi: teleservices, media services and broadcasting . Series of publications of the Archives for Copyright and Media Law (UFITA), Volume 182, ed. by Manfred Rehbinder . Baden-Baden 2000. ISBN 3-7890-6954-X

Web links

On the media service as a legal term:

Individual evidence

  1. ↑ To this z. B. Klaus Beucher, Ludwig Leyendecker, Oliver von Rosenberg: Media laws. Broadcasting - media services - teleservices. Commentary on the State Treaty on Broadcasting, State Treaty on Media Services, Teleservices Act and Teleservices Data Protection Act . Munich 1999, § 2 MDStV Rn.1ff. mwNachw., Urban Pappi: teleservices, media services and radio . Baden-Baden 2000, pp. 150–167 with further references.
  2. ↑ Cf. the three structure papers of the working group of the state media authorities to differentiate between broadcasting and media services from 1997, 1998 and 2003 as well as from the specialist literature z. B. Wolfgang Lent: Radio, media, teleservices . Frankfurt a. M. 2001, pp. 40–74 mw Nachw.
  3. ↑ See e.g. B. Gerald Spindler, Fabian Schuster: Law of the electronic media . Munich 2008, § 1 TMG marginal number 3, 38f. mwNew.