State Treaty on Media Services

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The State Treaty on Media Services ( Mediendienste-Staatsvertrag or MDStV for short ) was a state treaty between all German federal states that expired in 2007. Together with the Federal Teledienstegesetz (TDG), it was supposed to create uniform regulations for the various possible uses of electronic information and communication services, thereby legally tracing the development of the Internet since the early 1990s.

history

The State Treaty on Media Services of January 31, 1997 came into force on August 1, 1997; at the same time, the state treaty on screen text ceased to be in force. This was preceded by an intense debate between the federal states and the federal government. The common goal of creating a uniform legal framework for Internet services contrasted with different ideas about the respective legislative powers. The MDStV and the Teledienstegesetz therefore partly contained parallel regulations, which made their application difficult.

The State Treaty on Media Services was amended three times. It expired on March 1, 2007. Insofar as the MDStV contained double regulations on the TDG, the successor regulations are now exclusively at the federal level in the Telemedia Act .

Regulatory areas

The State Treaty on Media Services only applied to media services , not to teleservices within the meaning of the Teleservices Act and not to broadcasting within the meaning of the State Treaty on Broadcasting (cf. § 2 MDStV).

The main contents of the MDStV were:

  • Freedom of admission and registration for media services (§ 4 MDStV)
  • Regulations on the liability of service providers (§§ 6 to 9 MDStV), in particular provider liability
  • Information obligations of service providers (§ 10 MDStV)
  • Due diligence of service providers (§ 11 Abs. 2 MDStV)
  • Obligation to reply (§ 14 MDStV)
  • Service providers' rights to information (§ 15 MDStV)
  • Data protection regulations (§§ 16 to 21 MDStV)

Analogous to the responsibility under press law , the person responsible was abbreviated as ViSdM in the sense of the State Treaty on Media Services .

Application practice

The scope of the MDStV was controversial from the start. Above all, the demarcation between the license-free media services and the broadcasting offers subject to licensing according to the Interstate Broadcasting Treaty against the constitutional background of broadcasting law and press law (keywords: broadcasting term , electronic press ) was unclear . For example, the classification of video-on-demand , near-video-on-demand and streaming media caused difficulties .

The following paragraph is not adequately provided with supporting documents ( e.g. individual evidence ). Information without sufficient evidence could be removed soon. Please help Wikipedia by researching the information and including good evidence.
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In 2001 several websites were blocked in North Rhine-Westphalia by order of the authorities in accordance with Section 22 (3) MDStV, which led to public discussions beyond the legal area.

The provider identification according to § 10 Abs. 2 MDStV and the liability of the operators of opinion forums on the Internet, § 9 No. 2 MDStV were also controversial.

literature

  • 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. et al. 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

Individual evidence

  1. ↑ See § 27 Paragraph 1, Paragraph 3 MDSTV. Ratification z. B. in Lower Saxony by law of June 19, 1997 (NdsGVBl. 1997, p.280)
  2. ↑ See the report by Martin Bullinger, Ernst-Joachim Mestmäcker: Multimediadienste . Baden-Baden 1997.
  3. ↑ Amending State Treaty of December 20, 2001 (ratification e.g. in Lower Saxony by law of June 19, 2002, NdsGVBl. 2002, p.175), September 10, 2002 (NdsGVBl. P. 705) and October 8 2004 (NdsGVBl. 2005, p.61).
  4. ↑ Cf. Art. 2 of the 9th State Treaty Amending Broadcasting of July 31, 2006. Ratification z. B. in Lower Saxony by law of January 26, 2007 (NdsGVBl. 2007, p. 54).
  5. ↑ For the repeal of the MDStV and the successor regulations see z. B. Thorsten Held, in: Werner Hahn, Thomas Vesting : Beck'scher Commentary on Broadcasting Law . 2nd edition, Munich 2008, § 54 RStV marginal no. 3ff.
  6. ↑ For the details of the regulations, see the commentary of the MDStV i. d. F. v. January 31, 1997 in 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
  7. ↑ State media treaty - information and legal advice. Deutsche Anwaltshotline AG, September 7, 2009, accessed on July 9, 2019 .
  8. ↑ For the delimitation issues see 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 literature Wolfgang Lent: Rundfunk-, Medien-, Teledienste . Frankfurt a. M. u. a. 2001; Urban Pappi: teleservices, media services and broadcasting . Baden-Baden 2000, each with further follow-ups.
  9. ^ See VG Düsseldorf, decision of December 19, 2002, MMR 2003, 205 with note by Thomas Stadler; VG Düsseldorf, judgment of May 10, 2005, CR 2005, 885 as well as OVG Münster, decision of March 19, 2003, MMR 2003 348 with note Gerald Spindler / Christian Volkmann and the article blocking of Internet content in Germany .
  10. ↑ See BGH, judgment of July 20, 2006, NJW 2006, 3633.
  11. ↑ On this, BGH, judgment of March 27, 2007, ZUM 2007, 533 with note by Christoph Schmelz.