Interstate broadcasting treaty

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Signing of the State Treaty on the Reorganization of Broadcasting in the Federal Council on April 3, 1987

The State Treaty for Broadcasting and Telemedia ( Rundfunkstaatsvertrag or RStV for short ) was a state treaty between all 16 German federal states in the law of the Federal Republic of Germany , which created nationwide regulations for broadcasting law . The Interstate Broadcasting Treaty was last amended with effect from May 1, 2019. On November 7, 2020, it was replaced by the State Media Treaty.

Apart from the actual Rundfunkstaatsvertrag broadcasting law included among others the ARD -Staatsvertrag, the ZDF -Staatsvertrag, the Germany Radio -Staatsvertrag, the broadcast contribution treaty and the financing of broadcasting treaty . For the telemedia also regulated in the Interstate Broadcasting Treaty from March 2007 z. B. the Federal Telemedia Act (TMG) further regulations. The youth protection since April 2003 stops in the Broadcasting Treaty, but in the Youth Media Protection State Treaty regulated countries.

Regulatory areas

Contents included:

The Interstate Broadcasting Treaty regulated in Section 2 (1), among other things, the term broadcasting: “Broadcasting is a linear information and communication service; it is the event and distribution of offers in moving images or sound along a broadcast schedule using electromagnetic vibrations, intended for the general public and for simultaneous reception. The term includes offers that are distributed in encrypted form or that can be received for a special fee. ”This definition therefore includes both wireless and wired transmission and also transmission through packet-oriented media such as the Internet, with the latter being irrelevant as to whether the broadcast streams are individual retrieved and transmitted to the recipient by individual IP packets, or whether they are transmitted via multicast to many IPs at the same time. It is only relevant that the content cannot be accessed at any time like normal websites, but only at the same time as it is distributed.

In the federal states, the interstate broadcasting agreement was implemented by the state parliaments as an approval law in state law.


State broadcasting agreements 1987 and 1991

The dual broadcasting system was first legally designed by the State Treaty on the Reorganization of the Broadcasting System of the Länder of April 3, 1987. The successor regulation is the State Treaty on Broadcasting in the United Germany of 1991.

1st to 9th State Treaty Amending Broadcasting

The State Treaty on Broadcasting in the United Germany was amended nine times between 1994 and 2007. It was renamed the State Treaty for Broadcasting and Telemedia (RStV) with effect from March 2007 as a result of the Ninth State Treaty Amendment. Since then, the RStV has not only contained the regulations on broadcasting events but also regulations on content requirements for telemedia . Predecessor regulations were found in the former State Treaty on Media Services (MDStV) of the federal states.

10. Amending State Treaty on Broadcasting

With the Tenth Amendment to the Interstate Broadcasting Treaty, a commission for approval and supervision (ZAK) was formed. This is the first time that German media law provides for centralized approval for nationwide private broadcasters and standardizes the approval law of the federal states.

A notification obligation was introduced for providers of digital platforms, which is intended to enable supervision by the ZAK. There are now regulations for all wired and wireless platforms, including new wired platforms (such as IPTV ) and also new terrestrial platforms (such as mobile television in the DVB-H and DMB standards ). Platforms in open networks are excluded if they do not have a dominant market position (e.g. Internet, UMTS).

The state broadcasting license agreement was also changed, in particular the proof of license fee exemptions and the use of data on broadcasting subscribers by the regional broadcasting corporation .

11. Interstate Broadcasting Treaty

The Eleventh Interstate Broadcasting Treaty was signed by the heads of government of the federal states on June 12, 2008 and entered into force on January 1, 2009. It relates in particular to the amount of the broadcasting fee in the interstate broadcasting financing agreement and further financing of the youth protection facility “ GmbH ” in the interstate youth media protection agreement .

12. Amending State Treaty on Broadcasting

With the Interstate Broadcasting Treaty, which came into force on June 1, 2009, in the version of the Twelfth Interstate Broadcasting Treaty, various changes were introduced for the public broadcasters. The new regulations in § 11d RStV, which deal with the admissibility of the broadcasting services on the Internet, should be emphasized. According to broadcasting law, the broadcasting corporations are no longer allowed to make their programs and accompanying information available for retrieval after the broadcast, as a rule after seven days (see also depublishing ). Offers going beyond this are permissible for longer if they are included in a so-called telemedia concept of the broadcasting company and the newly introduced three-step testhave completed (Section 11f (4) RStV). Offers similar to the press by public broadcasters without reference to a program are just as inadmissible as the offering of purchased films. In an annex to the State Treaty, further offers are specifically prohibited (negative list); These are for example: advertising portals, partner exchanges , route planners.

The second major area of ​​change concerns the economic activity of the public service broadcasters. This is particularly about ensuring behavior in line with the market (transparency requirements), cf. §§ 16a ff. RStV

13. State Treaty Amending Broadcasting

On October 30, 2009, the Conference of the Prime Ministers of the Federal States passed the 13th Amendment to the Interstate Treaty on Broadcasting. After ratification by the state parliaments, it came into force on April 1, 2010. The new regulations focus on advertising and product placement in broadcasts by public broadcasters and private broadcasters, some of which are now permitted.

14th Interstate Broadcasting Treaty (mostly ratified, but not entered into force)

On June 10, 2010, the Prime Minister's Conference of the Länder (MPK) passed the 14th Amendment to the Interstate Treaty on Broadcasting. After ratification by the state parliaments, it should come into force on January 1, 2011. As the first broadcasting amending treaty, it was rejected in the North Rhine-Westphalian state parliament on December 16, 2010. The change has therefore not come into force. It should mainly change the State Treaty on the Protection of Minors in the Media to the extent that a set of rules is introduced for dealing with so-called development-impairing offers . This should regulate the protection of minors on the Internet.

15. State Treaty Amending Broadcasting

The 15th State Treaty on Broadcasting was signed from December 15 to 21, 2010. After the treaty was ratified by all countries, the main part of the changes came into force on January 1, 2013. The changes will bring about a paradigm shift in broadcast finance. With the so-called household tax, a fee that is no longer charged per device, but per household and operating facility, this new financing model is intended to eliminate the need for data collection and control by the agents of the fee collection center (GEZ). The previous State Treaty on Broadcasting Fees is repealed and a new State Treaty on Broadcasting Fees is introducedis introduced, Art. 1 of the 15th RÄStV. Further changes were made in the area of ​​sponsoring programs for public service broadcasters. The controversial changes in the course of the 14th RÄStV, which were ultimately not ratified, were no longer reflected in the 15th RÄStV.

16. State Treaty Amending Broadcasting

The 16th Amendment to the Interstate Broadcasting Treaty came into force mainly on April 1, 2015. Its Article 1 No. 3 comes into force on January 1, 2017.

19. Interstate Broadcasting Treaty

The key points in the 19th State Treaty on Broadcasting, which the Prime Ministers signed on December 3, 2015, are the commissioning of an online-based youth service from ARD and ZDF, new regulations on youth media protection and improvements to the broadcasting fee system. After ratification by the state parliaments, Articles 1, 2, 3 and 5 of the amending treaty came into force on October 1, 2016. The new regulations in the State Treaty on Broadcasting Fees (Article 4) became legally effective on January 1, 2017.

20. State Treaty Amending Broadcasting

The 20th amending interstate treaty entered into force on September 1, 2017, the amendment to the interstate broadcasting treaty contained therein as of January 1, 2017.

21. Interstate Broadcasting Treaty

The 21st Interstate Broadcasting Treaty includes u. a. Adjustments made against the background of the General Data Protection Regulation , in particular due to the express provision in Article 85 (2) GDPR on media privilege . In order to bring the right to the protection of personal data in line with the right to freedom of expression and information , in particular Sections 9c, 57 RStV have been changed. They limit a person's right to information about the data stored by them according to. Art. 15 GDPR for reasons of journalist, source and research protection. The press laws of the individual federal states also contain comparable exceptions.

22. Interstate Broadcasting Treaty

After ratification in all 16 state parliaments, the 22nd State Treaty on Broadcasting came into force on May 1, 2019. The core of the amendment is the new regulation of the telemedia mandate of public broadcasting that has been in force since 2009. The online offers from ARD, ZDF and Deutschlandradio are supposed to focus on moving images and sound "in terms of their appearance" in order to distinguish themselves from the offers of press publishers (prohibition of press similarity). On the other hand, the public broadcasters have more leeway when it comes to online access, for example with regard to the duration of the availability.

See also


Web links

Individual evidence

  1. see: Twenty-second Interstate Broadcasting Treaty - 22nd RÄStV
  2. ^ Institute for Copyright and Media Law: Rundfunkstaatsvertrag (RStV) 1987 , text and legislative materials.
  3. ^ Institute for Copyright and Media Law: Rundfunkstaatsvertrag (RStV) 1991 , text and legislative materials.
  4. ^ Institute for Copyright and Media Law: Texts and legislative materials for the 1st to 9th RÄStV .
  5. ^ Institute for Copyright and Media Law: Rundfunkstaatsvertrag (RStV) in the version of the tenth Rundfunkänderungsstaatsvertrag , text and legislative materials.
  6. State Chancellery Rhineland-Palatinate: Draft of the 10th Interstate Broadcasting Agreement approved ( Memento of April 16, 2015 in the Internet Archive ), November 20, 2007.
  7. ^ Institute for Copyright and Media Law: Rundfunkstaatsvertrag (RStV) in the version of the eleventh Broadcasting Amendment , text and legislative materials.
  8. State Chancellery Rhineland-Palatinate: Explanation of the Eleventh State Treaty amending the State Treaty on Broadcasting (Eleventh Broadcasting Amendment) ( Memento of January 31, 2012 in the Internet Archive ), (PDF 16kB).
  9. ^ Institute for Copyright and Media Law: Rundfunkstaatsvertrag (RStV) in the version of the twelfth Broadcasting Amendment , text and legislative materials.
  10. Das Grace Pönitz: Unloved Compromise ( Memento from August 14, 2014 in the Internet Archive ), No. 09/2009, February 23, 2009.
  11. cf. 13th RÄStV will be signed on Friday , accessed on May 10, 2011.
  12. ^ Institute for Copyright and Media Law: Conference of Prime Ministers adopts 13th Amendment to Interstate Broadcasting Treaty , November 3, 2009.
  13. Youth media protection amendment finally failed , heise-online.
  14. ^ Die Medienanstalten: Statutory text Rundfunkstaatsvertrag (RStV) 15th Amendment to the State Treaty
  15. ^ Institute for Copyright and Media Law: 15th Interstate Broadcasting Treaty , Legislative Materials.
  16. Press release of the ARD ( Memento of January 3, 2012 in the Internet Archive ) of December 16, 2011.
  17. Household levy to replace GEZ fee , Welt Online from June 9, 2010.
  18. Justification of the 15th RÄStV , p. 1.
  19. Announcement of May 7, 2015 (GVBl. P. 77; PDF; 1.5 MB)
  20. 19. RÄStV. Retrieved May 10, 2017 .
  21. see Art. 4 para. 2 RÄStV-20 |
  22. Twenty-first State Treaty amending State Treaty on Broadcasting (Twenty-First State Treaty Amendment) entered into force on May 25, 2018.
  23. cf. Julia Glocke: Journalistic source protection in German and European law. Nomos-Verlag, 2018. ISBN 978-3-8487-4414-5 .
  24. Rundfunkstaatsvertrag, 22nd amendment. ARD, May 1, 2019, accessed on May 22, 2019 .
  25. More leeway for ARD and ZDF when accessing online., May 12, 2019, accessed on May 22, 2019 .
  26. Kristina Beer: ZDF: Broadcasts longer in the media library and online-only contributions ( de ) September 16, 2019. Accessed September 16, 2019.