Public broadcasting

With the concept of public service broadcasting both radio and television programs as well as the organizational structure of public- service broadcasters are called.

2.1 Organizational Structure
2.2 regional broadcasters
2.3 National and international programs
2.4 Commissions and cooperation
2.5 Commitment on the Internet
2.6 financing 2.6.1 Fee setting
2.6.2 Political disputes over the financing

2.8.1 Acceptance of the programs
2.8.2 Acceptance of funding
2.8.3 issue of integration with the policy

3.1 Program 2007 reform
3.2 Program offer

4.1 Program offer

5.1 Program offer
5.2 updates

6.1 Radio
6.2 television
6.3 financing
6.4 Meaning 6.4.1 history
6.4.2 dissemination
6.4.3 position in society

Basics

Development, organization, tasks

Most European countries have a public or similarly placed broadcasting.

As the first public law organized broadcaster applies the BBC ( British Broadcasting Corporation). The BBC, first established in 1922 as a private company, was established according to law after years of influence by the economic and takeover attempts by the state, in 1927 in the service of the public. The first " public- service " model, which is funded purely through license fees, was created. The British model set the tone, which served as a model for public- service broadcasters in Europe. By the end of World War II, before the BBC model in other European countries gained a foothold, the broadcasting landscape was marked by strong political influences.

In addition to a basic service mandate and a legally defined program order one of the other significant tasks of public service broadcasting is, therefore, the protection of the political and economic independence.

After the public broadcasting over some three decades had a monopoly in the early eighties resulted in the introduction of private television and the emergence of the dual broadcasting system, a completely new situation in the European broadcasting landscape.

In addition to private law and governmental channels or programs that the public service is the third internationally widespread form of organization for broadcasters. Public channels there are, in Germany and Austria and in many other countries, such as Europe, for example, RAI in Italy, the BBC in the United Kingdom, the Nederlandse Omroep Publieke in the Netherlands or SVT in Sweden.

Legally obligated to supply broadcasters can also be organized in other legal forms as a government agency or a public utility form. Thus, since 1991, a company is the Swiss SRG SSR as an association within the meaning of Article 60 et seq. of the Swiss Civil Code. SRG SSR is, however, emerged from the public SRG and is a toll- financed broadcasting ( drafted by the privately organized collection agency ) still committed to the same principles and fulfills a statutory service obligations. Also, the Norwegian broadcasting company NRK is operated since 1996 in the legal form of an AG, but which is owned by the state and a legal service mission perceives. Funding comes from fees and tax dollars. In Sweden, the SVT is operated as a public limited company whose shares are majority owned by a foundation. Funding comes from fees.

In Europe there are only in Monaco neither public nor state radio and no radio financed through fees or taxes with other legal forms.

Financing of public service broadcasters

The financing of public service broadcasters designed differently in Europe. In essence, they resort to taking the following sources:

License fees (eg Austria, Germany )
Direct financing from the public budget (eg the Netherlands )
Commercial revenues (eg advertising, product placement )

Funding from fees is Europe's primary source of income in order to meet the legally defined mandate to basic services and economic and political independence can.

The competition in the broadcasting market and thus the pressure on public broadcasting has in recent years - tightened considerably - especially in German-speaking countries. For this development, especially to the sharp growth of programs in cable and satellite households is responsible, which was driven by the rapidly progressive digitalisation.

Dual funding

In January 2008, made an announcement of France's Prime Minister Nicolas Sarkozy regarding the dual financing of public service broadcasters not only in France for excitement, but also inter alia in Germany and Austria. French government considered to prohibit the public broadcasting as part of a "cultural revolution" to continue to be financed by advertising. The money necessary for commercial-free programs sought to take the government on new taxes: An extra tax on advertising on private channels, and a new tax on electronic receivers (like the Internet or mobile phone) were discussed. This commercial-free programs of public broadcasters should be easily affordable.

Review of the financial systems by the EU Commission

Under the heading of " unlawful aid " is the funding of public service broadcasters for several years on the bench of the European Commission. This is due to see themselves as disadvantaged by the fee-based funding and the increase in supply of commercial services of public operators, among other complaints from private broadcasters.

According to the decision of the EU Council 1999, the choice of the financing of public service broadcasters is left to the Member States. However, it requires the definition of the public service contract by the countries. Furthermore, given the public broadcasters of the countries to strive as private-sector broadcasters after high ratings. A communication from the European Commission from 2001 calls the need for a separate account in memory that separates public from commercial activities.

Fee structure, fee collection

In addition to general discussions on the financing of public service broadcasters and the model of charging is critically repeatedly in itself. Whether broadcasting fee, media fee, capitation, or a tax model, the issue of financing models and alternatives to the license fee is quite complex represents the Netherlands and Portugal, for example, replaces the license fee by a public financing, so the costs of collection charges were dropped. However, the public- service broadcasters are of the opinion that the independence is undermined by the state. Also, the revenue decline, as has happened in Holland and Portugal.

Criticism of the public broadcasting

Both the public broadcasting itself, as well as its funding through the license fee and advertising revenue and the model of charging are regularly the subject of critical reporting. With new transmission paths and the liberalization of the broadcasting market, public service broadcasting has become a stronger competition with private broadcasters (dual broadcasting system ).

Program quality (differentiation to private providers ) and legitimacy of the fees are often questioned. Private broadcasting companies try to put pressure on the public broadcasting.

A study on the evaluation of advertising bans and advertising reductions in ARD and ZDF by Uli Bellieno (former RTL marketing chief ) and Rolf -Dieter Wulf on behalf of the brand association and the organization advertisers in brand association ( OWM ) July 2013 that there are significant negative consequences. " The advertising brand companies would kind of access to key audiences and quality programs. Through a public ban on advertising as it did by reducing the currently available advertising time, there would be dramatically worse conditions for all advertisers, but especially for the advertising middle class. "

Germany

In Germany, the democratization of the Western Allies of public broadcasting on the British model ( BBC ) under the direction of Hugh Greene was introduced after the Second World War and in the wake. The transmitters are established as a contributory bodies (or public institutions ).

Already on September 22, 1945 Radio Hamburg went on the air, which was a North West German Broadcasting ( NWDR ) joint broadcaster under the organization of Hugh Greene for the entire British occupation zone. The ARD was founded on June 5, 1950, the six regional broadcasters BR, HR, RB, SDR, SWF, NWDR and an advisory RIAS Berlin, ZDF broadcast the first time on 2 April 1963.

The need for and secure existence of public service broadcasting, the scope of the to be paid by him basic service contract and its necessary to perform these tasks remotely State turnaround of funding were confirmed by the Federal Constitutional Court in the so-called radio - judgments. The Constitutional Court did then in 1987 in a judgment stated that the public- law status is not mandatory. This would make a different legal form, such as in Switzerland, is possible. The legal form of broadcasting in Germany is also not prescribed in the Basic Law.

At the time of the Weimar Republic, the radio stations were a private-law companies ( PLCs / GmbH), in which the individual countries and the state were partners.

The mid-1980s private broadcasting was introduced in Germany in addition to the public. As part of what became known as the " dual system " reorganization of broadcasting in Germany while the introduction of private broadcasting was inextricably linked to the secure existence of a strong public service broadcasting.

The public service broadcasting has the order of the distance from the state and independence. The transmitter is not funded by taxes like a real state radio - Therefore - apart from the public law organized as state broadcaster also German wave. Public broadcasters and the state media authorities who control the private broadcasting, financed through license fees that must be paid each household every month on the radio talk. The public broadcasters Germany has the sixth- highest television Fees in Europe.

In addition, he has to continue funding the possibility to broadcast a share of advertising in its main programs to 20.00 clock. Outside of this time, however, sponsorship is possible.

Profit in the private sector can sense (as opposed to other PSB - do in Europe ) does not generate a public- service broadcaster directly. It is the broadcasters, however, allowed to set up private companies or to participate in such.

In May 2010, Paul Kirchhof published a report commissioned by the public- service broadcasters a redesigned funding of public service broadcasting. Herein, a financing change is recommended by a dispensing device at a budget contribution.

On 9 June 2010, the Broadcasting Commission of the countries decided that proposed by Paul Kirchhof, a device-independent for homes and business premises arising radio talk chaired by the Rhineland-Palatinate Minister President Kurt Beck ( SPD). The alleged by the cemetery and the legislatures countries compatible with the Basic Law is provided by various critics in question. When Bavaria and the Rhineland-Palatinate Constitutional Court each filed against the reorganization of the financing of broadcasting underlying government contract, the federal states are received.

Country broadcast radio institution in the Federal Republic of Germany
Broadcaster of the British zone of occupation
Broadcaster of the American occupation zone and the USIA
Broadcaster of the French occupation zone and the Saarland
Broadcaster of the Soviet occupation zone and the GDR

Organizational structure

The control organs of public service broadcasting consist of the Broadcasting Council and his chosen directors and board of directors. The task of the Broadcasting Council is to monitor the pluralistic programming. The Board of Directors controls the economic activity of the broadcaster and the management of the intendant. This in turn is responsible for the programming and general management. It represents the channel from the outside.

In the supervisory bodies sit representatives of the conditions laid down in the national broadcasting laws of the countries relevant groups in society such as political parties, trade unions, social organizations, churches, etc., where the political parties usually represent no more than 30 % of the seats. The public broadcaster has to fulfill the so-called public service broadcasting mandate, which is anchored in the relevant legal principles. After the programs have to offer to viewers and listeners comprehensive and balanced information, education, culture and entertainment. This also certain journalistic and ethical principles must be observed.

Regional broadcasters

Among the country's broadcasters are in the Federal Republic of Germany all broadcasters under public law, the host radio and television programs for one or for several states.

Currently, there are nine regional radio stations that have joined together in the "working group of the public broadcasters of the Federal Republic of Germany " (ARD):

Bayerischer Rundfunk ( BR ), Munich
Hessischer Rundfunk ( HR ), Frankfurt
Central German Broadcasting (MDR ), Leipzig
North German Radio (NDR ), Hamburg
Radio Bremen ( RB)
Rundfunk Berlin -Brandenburg ( RBB), Berlin and Potsdam
Saarland Radio (SR ), Saarbrücken
Southwest Broadcasting (SWR ), Stuttgart
West German Broadcasting (WDR ), Cologne

National and international programs

Second German Television ( ZDF), Mainz
Radio Germany, Berlin and Cologne
German wave ( international broadcasting ), Bonn and Berlin

The federal public service programs include First (Community Programme ARD ), the program of the ZDF Germany and the radio with its three radio programs Germany Kultur, Germany radio and DRadio knowledge.

Furthermore, they offer public broadcasters still in Community programs and thematic channels. These include ARTE, Phoenix, 3sat, KiKA ( The Children's Channel ) and a digital program offer ( ARD digital, ZDFvision ), each with three thematic channels, since, according to the State Broadcasting Treaty does not allow more than three digital channels per public service broadcaster. Until 31 December 2005, the public service broadcasters were allowed to accommodate third-party in their bouquets.

The German wave radio and television program takes as foreign broadcasts a special role, as it is supervised and financed by the federal government.

Commissions and cooperation

A collaboration of the ARD mainly takes place in committees, where some of the ZDF is represented. The commissions allow the votes of internal affairs and the common external representation. The lead is responsible for long-term tasks to individual directors or institutions.

Furthermore, there are Permanent commissions for the management areas of the individual broadcasters, which are in turn divided into sub-committees or working groups. Chaired a commission basically have held the respective competent directors of the managing institution, therefore in the year 2004/2005 the directors of the Bayerischer Rundfunk.

Commission law - Chairman Albrecht Hesse ( Counsel and Director BR)
Commission Finance - Chairman Lorenz Zehetbauer ( Administrative Director BR) Working Group costs
Working Group planning fees - Chairman Hans Buchholz (Director of the GEZ )

Commitment on the Internet

The public- service broadcasters maintain a number of internet sites. Every TV channel and every radio wave can be found under the appropriate domain. The legal basis for this is the 12th Broadcasting Treaty Amendment ( RÄStV ) of 2009. Accordingly Telemedia offers the public broadcaster allowed only if they are a ) close program -accompanying and only seven days remain set in the network, or b. ) By Telemedia concept ( TMK ) are met, which was adopted in a three - step test. As a result, all public broadcasters have presented a TMK to safeguard their stock. These have as a centerpiece also include a retention concept for AV content ( ie audio and video ) and Internet sites. The current retention concepts of ARD and ZDF will see the following (simplified) deadlines: issues and documents of contemporary history or reference can be held indefinitely. Education -related programs or offers can be set a maximum of five years. Reports, consumer information, etc. can be available up to one year in the Internet; entertaining programs for half a year and sport only 24 hours. After these periods of public service broadcasting must " depublizieren " the respective online content. Furthermore, the 12 RÄStV contains a number of other prohibitions and commandments that must be taken into account ( prohibition of " Press similarity" - without defining what " press similar" to ). Even earlier was: Public- service broadcasters may redistribute neither sponsorship nor advertising in their offers. Some pages problematizes that stations online shops be allowed to open, where they distribute their programs on data carriers as well as merchandising.

The polling numbers of the public Internet pages are charged by the IVW and published on the Internet.

The limitations of the 12th RÄStV go on a process, upon which the VPRT and the Association of German Magazine Publishers have taken influence, the EU Competition Commissioner Neelie Kroes has examined the request of the VPRT of 2003 to April of 2007 whether proceedings for unauthorized state funding ( aid ) should be initiated. The reproach underlying was the public broadcasting fulfills the Internet with fee revenue partly tasks that could take over the private sector. The public broadcaster argued, however, that they met meaningful tasks for a democratic public sphere, these existed always free of charge and they were negative factor in their development, they are likely not the ( 'media convergence' ).

As a result, the allegations have not been confirmed and initiated proceedings, the representatives of the public service broadcasting have pledged appropriate changes to specific concerns about the funding and scope of program-related offers. These include a specification of the program contract by the state parliaments and a more transparent separation between public service and commercial businesses. "Broadcasters have since set out, among other things, that a digital offer meets the needs of society, the media competition strengthens and remains financially within reasonable limits ".

End of July 2008 called for publishers in a so-called Munich Declaration, the media policy designed to limit public offers on the Internet to moving images and audio in the 12th Broadcasting Treaty Amendment.

Financing

The funding of public service broadcasting in the Federal Republic of Germany is based on two pillars: the license fee and advertising revenue ( "dual financing"). The principles of public financing of public service broadcasting has developed the Federal Constitutional Court in its broadcasting law, particularly in its judgment of 22 February 1994: from Article 5 paragraph 1 sentence 2 of the Basic Law, the Federal Constitutional Court has derived the order of the state, its citizens a to ensure media " primary care ". From the constitutional mandate of public service broadcasting, the Federal Constitutional Court has developed an inventory, development and financing warranty. It is the duty of the state to functionally appropriate financing of public service broadcasters. On the other hand, the public broadcasting is characterized by the prohibition of censorship (Article 5 paragraph 1 sentence 3 GG) and the constitutional order of the state of freedom, that is, the financing of broadcasting must be in a form, the influence of the state, especially on the program design, excludes.

About the license fee, which the Gebühreneinzugszentrale ( GEZ ) collects on behalf of the country's broadcasters, not just the broadcasters, but also for the management of finance. This includes the state media institutions and the administrations of the individual transmitters ( with the GEZ as their common charge management ).

The total budget of public broadcasting is about 9.1 billion euros, of which 6.3 billion euros for the ARD. In terms of budget, the ARD is the largest non-commercial broadcasters worldwide.

Fee setting

The implementation of the Federal Constitutional Court in its "Fees judgment " of these principles was made by the financing of broadcasting State Treaty ( RFinStV ). In the center of this scheme, the Commission is to review and determine the financial needs of broadcasters ( KEF). The KEF is an independent, pluralistic studded panel of experts. The fixing of license fees is done in a three step process:

Report Broadcasters ' financial requirements of the KEF.
The KEF makes an exclusively technical analysis while preserving the autonomy of the program broadcasters and gives a recommendation from the level of the license fee.
The determination of the license fee itself is performed by the State Treaty of countries taking into account the needs assessment of the KEF. To change the license fee, the approval of the state parliaments is required.

Political disputes over the financing

The public broadcasting as a source of information, must pay for the all holders of receivers is located in a social stress situation. Given the history of the 20th century, this system was chosen to preserve the political and economic independence of the broadcasters after the founding of the Federal Republic. The fact that this independence has its limits, is the regularly recurring fees debate: In 2005, the state parliaments agreed to only a fee increase, which was significantly lower than the independent KEF had recommended (0.88 € instead of € 1.09 ). The public- service broadcasters have raised constitutional challenge.

A recurring point of contention in the ongoing discussions about the role of public service broadcasting, the type and scope of the Internet sites of institutions, which have been criticized for example by the German magazine publishers as distorting competition. In response to such criticism, as well as requirements of the EU Commission sees a new design for the license fee the State Treaty, to which the Prime Minister of the Federal States in October 2008 agreed, in a significant restriction of Internet sites concerned. Under no circumstances should the institutions use the license fee to provide a substantive full program on the internet. Also classified websites, games, dating sites and Advice portals without reference to specific programs shall no longer offer the Internet broadcasters.

Cost structure

Television is orders of magnitude more complex than radio. This is not fully represented by the lower fee rate for households that receive only radio, by far: In all ARD the radio subsidized television. Inside of television sports rights constitute the largest cost block.

The collective agreements are still applied to the Federal Employees' Collective (BAT ), which has been replaced in the rest of the public service since 2005 by the dramatically more fuel-efficient Collective Agreement for the Civil Service ( TVÖD ). The radio collective agreements guarantee the permanent employees of the public service broadcasting every two years for the automatic advancement to a higher salary level. For example, is the starting salary for editors ( group 15) € 4,642; with the 13th year of service are € 6,308 (as at 2009). Is unattractive Fixed freelancers often still earn significantly better so that they for a change in a permanent position. Despite conservation requirements of employees apparatus has been until recent time further increased.

Social acceptance

Acceptance of the programs

The acceptance of programs can only be measured through various indicators. These include:

The market share: When watching TV were the market shares ( charged by the Society for Consumer Research ) of public programs in the national average in the years 2001 to 2004 was just under 50 %, on the radio something about it. This means that about half of their media consumption devote the Germans on average a public program. However, the figures vary between the different federal states. However, the average age of the television programs is around 60 years.
The credibility of the journalistic offer: " journalists which media you trust especially " On the question voted 69 % for the journalists of the public television, compared with 15 % for the private television, radio stations came here without distinguishing between public law and private to 37%.

Acceptance of funding

The device- bound obligation to pay fees is perceived by many citizens as a constraint. With the implementation of private channels and the establishment of the dual system voices were propagated according to abolish the financing either in principle or to implement than basic tax ( Virtually every household has receivers, therefore, the acquisition bureaucracy would be abolished ). This attitude is often moored at individual aspects:

Fees will be charged for participation in the " overall event broadcasting"; Has to pay fees so well, who does not use the offer of public service broadcasting. Anyone around a TV set only for the reception of private channels or - how many households of citizens with immigrant background - using foreign channels, but has to pay fees, and feels compared to households with no TV, which are not subject to charge, disadvantaged. The technically feasible control of received stations and billing according to usage based on a basic encryption contrary to the constitutional mandate of public service broadcasting.
The delimitation rules for duty fees are not clear: administrative courts come in identical situations to different judgments. For example, apply in a shop for sale packaged devices in one state than to " test and demonstration purposes " kept and cost a dealer fee, in another state apply this lack of power and antenna not as held ready to " test and demonstration purposes " and not cost fee. Likewise, even defective devices can trigger an obligation to pay fees if the defect is easy to fix, without the size of the defect would be defined.
Internet users ( with new broadcast receiving devices such as PC or mobile) are also considered to radio listeners, since they also have the opportunity through the internet streamed radio programs to receive this. The force until the end of 2006 liberation of Internet PCs was repealed in 2007. This is the first time a charge for devices that are indispensable and therefore partially occupationally essential for other functions. The new regulation applies to all private households and traders without a radio. The secondary device exemption but was extended in this context to traders, that is, for example, that a single conventional radio receiver makes all Internet PCs on the same property freephone secondary devices. What additional revenue, the public broadcasters have to expect this extension to Internet-enabled devices, is still unclear.
Several small households are compared with a large household ( with the same number of people and therefore the same consumption of broadcasts ) at a disadvantage. Examples divorced families, people are calling with more than one residence or early solid adolescents.
For the fee controls are independent " broadcasting fees Officer " used on a commission basis. For this there is due to the commission a financial incentive widely interpreted or bypass, as documented various press reports, the rules and regulations. The license fees are as freelancers officer responsible to regional broadcasters and subject to their control.
It appears because of the expense to manage millions of household records, not profitable, since this administration seems expensive.
To legitimize a government-imposed tax on some unwanted and unused television programs due to the single fact of his own existence ( and a residence) is not compatible with the fundamental rights of a democracy.
In a petition for almost a quarter of a million German against the system, especially the new fee model spoke out and supported the call.

Problem of integration with the policy

Occasionally and is an interdependence between party political and / or commercial interests and the public broadcasting claimed. A few examples:

In October 2012 it was announced that the CSU spokesman Hans Michael Strepp had tried to put pressure on TV editors ( see more details in the article about Strepp; Strepp resigned ).

The former ZDF chief editor Nikolaus Brender said the case Strepp an interview time online, at the beginning of his term (2000) it was common for politicians telephoned simple editors to put pressure on reporting. "I have time, for example, experienced a coincidence that the then CDU General Secretary Laurenz Meyer tried by a phone call in the newsroom, to prevent him unwelcome report. " " I then threatened in the Occupied known, with numerous politicians ZDF supervisory bodies, publish further calls. Then all was quiet " An extension of Brenders agreement was signed by - mainly occupied with Union politicians - rejected ZDF Administrative Board.; This led in 2010 to debates about the political influences on the public- service broadcasting.

In March 2011, the spokesperson of the former Bavarian Environment Minister Markus Söder at BR ( Bayerischer Rundfunk ) over a critical report complained. The post was not sent.

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