State media treaty
The Media State Treaty (MStV) to the previous Rundfunkstaatsvertrag replace (RStV). This has become necessary because the old regulations do not fit into modern times. Previously, the broadcasting contract only applied to special forms of media, whereas the MStV applies to newer forms and types of media. A farewell took place on December 5, 2019. For the first time, social media are also included. The state media authorities are given a new role and expanded competencies. With the MStV, the AVMS Directive (Audiovisual Media Services) is implemented. According to a communication dated April 27, 2020, the EU Commission raised concerns about the compatibility of the State Media Treaty with EU law, but these are not a procedural obstacle to the conclusion of the State Treaty. The MStV is expected to be binding state law by the end of 2020; ratification in some state parliaments is still pending. According to Art. 30, 70 I GG, broadcasting is state law.
Structure and structure
- Section I. Scope of application and definitions
- Section II: General provisions (broadcasting, telemedia)
- III. Section: Special provisions for public broadcasting
- Section IV: Provisions for private broadcasting (scope / program principles, approval, safeguarding diversity of opinion, financing / advertising)
- Section V: Special provisions for individual telemedia (broadcast-like telemedia, media platforms and user interfaces, media intermediaries, video sharing services)
- VI. Section: Transmission capacity, retransmission
- Section VII: Media Supervision
- VIII. Section: Revision, administrative offenses
- IX. Section: Transitional and Final Provisions
history
On May 1, 2020, the MStV was signed by all country leaders and now has to be ratified by the individual parliaments.
The new concept of broadcasting
The concept of broadcasting is being amended by the MStV. The area of application is restricted. In addition, the feature of electromagnetic oscillation is deleted.
| Old broadcast term | New broadcast term |
|---|---|
|
Broadcasting is a linear information and communication service; it is the event and dissemination of offers in moving images or sound along a broadcast schedule using electromagnetic vibrations intended for the general public and simultaneous reception . The term includes offers that are distributed in encrypted form or for special offers Fees are receivable. (§ 2 I 1,2 RStV) |
Broadcasting is a linear information and communication service; it is necessary for the general public and for certain simultaneous reception and transmission of journalism-editorial designed deals moving picture or sound along a transmission schedule via telecommunication. The term includes offers that are distributed in encrypted form or that can be received for a special fee. (§ 2 I 1.2 MStV) |
| Note: differences are underlined. | |
A special feature here is that it focuses on journalistic and editorial offers. Journalistic-editorial design is to be understood as the preparation and compression of information with the aim of teaching or entertaining the general public using language. A minimum of requirements for researching, formulating, controlling and performing journalistic activities of the provider must be seen. Thus, the mere enumeration of e.g. B. Formula 1 results not to be seen as broadcast. The comment, however, does.
It can be seen as a journalistic duty of care that surveys are marked to see whether they are representative or news must be checked to see whether they are also true, in order to avoid fake news and conspiracy theories.
Media intermediaries
The term media intermediaries is created by the MStV. As such, according to Section 2 (2) No. 13b MSV, those telemedia that create, select and present journalistic-editorial offers from third parties without creating an overall offer. However, Section 53c (2) No. 1 MStV- severely restricts the scope of application to portals with over one million users per month. Media intermediaries are therefore the big players like Facebook and Google. Voice assistants are also included.
Since there are fears that media intermediaries will prefer certain content or discriminate against others, new transparency requirements have been created for this category. Such platforms must now justify the extent to which the choices are made for the content of a user. Platforms of this kind must no longer have any influence on journalistic articles at all.
The legislator indirectly stipulates how algorithms are to be formulated in the future.
Licenses
According to the previous interstate broadcasting treaty, anyone who broadcasts regularly also required a broadcasting or broadcasting license. So had z. B. the YouTuber Gronkh one such. Exceptions apply to minor broadcasting. This is the case with an expected number of views of less than 20,000 users or even if there is only little public interest or little potential for influencing opinion formation. The freedom of admission can be confirmed on request by the responsible state media authorities via a clearance certificate. The state media authorities can decide on the criteria.
criticism
The Bitkom believes the media treaty stands in contrast to the current user habits. One cannot speak of a fair balance of interests of all players in the market. New providers are left behind.
The EU Commission has announced that the MStV would violate the country-of-origin principle of the E-Commerce Directive (ECRL) in the event of a regulatory focus on media platforms and media intermediaries in other EU member states. The German politician Heike Raab therefore sees the danger that the state media treaty contradicts the EU's e-commerce directive and could therefore be repealed.
Web links
- Interstate Broadcasting Treaty (PDF, old)
- Draft for the State Media Treaty (PDF)
Individual evidence
- ↑ Markus Heins: Media State Treaty: The most important changes and contents for the reform of media law. Retrieved March 3, 2020 .
- ↑ tagesschau.de: State Media Treaty: Basic rules for the digital world. Retrieved March 3, 2020 .
- ↑ European Commission: Commission sends comments on the German State Media Treaty. In: European Commission in Germany. April 28, 2020, accessed February 21, 2020 .
- ↑ BeckOK InfoMedienR / Martini, 26th Ed. 1.11.2019, RStV § 2 Rn. 15)
- ^ Benedikt Frank: State Media Treaty: On the Net as on TV? In: Süddeutsche Zeitung. Retrieved March 3, 2020 .
- ↑ Helmut Hartung: "There must be no inadmissible discrimination". December 9, 2019, accessed March 3, 2020 .
- ^ Marc Liesching : EU Commission: State media treaty violates EU law , April 29, 2020, accessed June 15, 2020.
- ↑ Michael Hanfeld: Is the EU killing media policy? In: Frankfurter Allgemeine Zeitung. April 24, 2020, accessed April 27, 2020 .
