Telemedia

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Telemedia is a legal term for electronic information and communication services , in particular a large number of Internet services . The term is including in the State Treaty on Broadcasting and Telemedia and the Youth Media Protection State Treaty of countries and in the Telemedia Act the Federal used.

history

In the course of Internet development , the State Treaty on Screen Texts was replaced by two new sets of rules in August 1997 , the State Treaty on Media Services of the States and the Federal Teleservices Act . The legal terms media service and teleservice used there, which are difficult to distinguish from one another, led to application difficulties due to the increasing media convergence . The federal government and the federal states therefore agreed in February 2007 to combine the terms teleservice and media service to form the compound telemedia. The goal was uniform, area-specific regulations to increase legal certainty , e.g. B. for the electronic press in the State Treaty for Broadcasting and Telemedia, for youth media protection in the Youth Media Protection State Treaty and for the responsibility of service providers in the Telemedia Act. The penal code has not yet been adapted to the new terminology. For example, in the case of sedition ( Section 130 (2) No. 2 StGB), the representation of violence ( Section 131 (2) StGB) or pornography ( Section 184d StGB), the provisions cited in each case still cover dissemination “by radio, media or Teleservices ". In contrast, the BGB takes into account the new terminology (e.g. § 312i BGB) when ordering via telemedia.

Demarcation issues

The term telemedia is used in several areas of law and raises different dogmatic delimitation questions in the respective laws and international treaties :

Telemedia with journalistic and editorial offers

In the field of electronic press , certain requirements apply to telemedia with journalistic and editorial offers, e.g. B. Due diligence (§ 55 RStV) and, if necessary, the obligation to include a reply (§ 56 RStV). The distinction between telemedia with journalistic and editorial offers and other Internet services is controversial in the specialist literature. In some cases, the earlier criteria for delimiting media services and teleservices are used accordingly.

Telemedia and broadcasting license requirements

The state media authorities can determine that telemedia are to be assigned to broadcasting and that there is a broadcasting license obligation (cf. §§ 1 Paragraph 1, 20 Paragraph 2 RStV). The determination is made by a unanimous decision of the Commission for Admission and Supervision (ZAK), which acts as an organ of the state media authorities (Section 36 (2) No. 8, Section 35 (2) sentence 2 RStV). Anyone who broadcasts radio programs exclusively on the Internet ( Internet radio ) does not require a license. He has to report the offer to the competent state media authority (cf. § 20 b RStV).

Telemedia of the public broadcasters

Telemedia of the public broadcasting corporations are only permitted if they have program-related content (for details see § 11 d RStV). Program-related telemedia are to be understood as offers that are used to prepare content from a specific program, including background information, insofar as materials and sources used for the respective program are used and these offers deepen and support the program thematically and in terms of content (cf. 2 Paragraph 2 No. 19 RStV). New or changed telemedia offers can be checked in a three-stage test (cf. § 11 f paragraph 4 RStV). According to the 12th State Treaty Amending Broadcasting, the length of stay is limited. The permitted exceptions are shown separately. Example: With the WDR , the permanently available content is identified by the word archive in the URL.

Telemedia and carrier media in the protection of minors in the media

In the area of youth media protection, telemedia are all non-representational media that are made accessible via electronic information and communication services. These include in particular Internet services (online media) such as websites , chat , e-mail , messenger , online games and video-on-demand , but also teletext . The term is used in the State Treaty on the Protection of Minors in the Media to distinguish it from the carrier media for which the Act on the Protection of Young People is relevant.

Telemedia and responsibility of service providers

The responsibility of the service providers of telemedia is based on §§ 7 ff. Telemedia Act. In the scope of the Telemedia Act, telemedia are those electronic information and communication services that are not broadcasting within the meaning of the RStV and not specific telecommunications services within the meaning of the Telecommunications Act .

literature

Web links

Individual evidence

  1. ↑ See e.g. B. Peter Schmitz, in: Gerald Spindler, Fabian Schuster: Law of the Electronic Media. Comment . Munich 2008, § 1 TMG marginal no. 3 mw pers.
  2. ↑ See e.g. B. Thorsten Held, in: Werner Hahn, Thomas Vesting: Beck'scher Commentary on Broadcasting Law . 2nd edition Munich 2008, § 54 RStV No. 34 ff. Mw
  3. ↑ See Peter Schmitz, in: Gerald Spindler, Fabian Schuster: Law of the electronic media . Munich 2008, § 1 TMG marginal number 3, 38f. mwNew.
  4. ↑ See the resolution of the directors' conference of the state media authorities on June 27, 2007 ( memento of the original of October 16, 2009 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. . @1@ 2Template: Webachiv / IABot / www.alm.de
  5. ↑ Approval of the telemedia offer "wdr.de" from May 19, 2010 ( Memento from April 13, 2015 in the Internet Archive )
  6. ↑ The great extinction
  7. ↑ Section 1.5 of the implementation instructions for the Youth Protection Act. Announcement of January 10, 2018 ( AllMBl. Pp. 29, 30 ; PDF, 3.1 MB)
  8. ↑ To this z. B. Wolfgang Schulz, Thorsten Held, in: Werner Hahn, Thomas Vesting: Beck'scher Commentary on Broadcasting Law . 2nd edition Munich, § 1 JMStV marginal no. 2 ff. Mw
  9. ↑ For the delimitation see z. B. Peter Schmitz, in: Gerald Spindler, Fabian Schuster: Law of the Electronic Media. Comment . Munich 2008, § 1 TMG, paragraph 4 ff.