Media law

This product was added due to formal or content, deficiencies in quality assurance to improve law. This is done to bring the quality of articles from the topic entitled to an acceptable level. Help us to eliminate the substantive shortcomings of this article and take part you in the discussion! ( ) Reason: the " European regulations " is completely out of date; the EC Treaty does not exist anymore and the Television without Frontiers Directive not. The European media law also consists of more standards than just the AVMS Directive and the E -Commerce Directive. - 91.39.62.202 22:05, September 18 2011 (UTC )

Media Law deals with the rules of private and public ( universal ) information and communication, and thus plays into the legal portions of the public law, civil law and criminal law. Media law is thus a " cross-cutting ". Problematic are regulatory gaps, caused by the rapid development of the media and the lawmakers partially received very late. Media law can be divided into the content -specific areas of law, such as copyright, which are attributable to the civil law in general, and the übertragungsspezischen areas of law, such as the Telecommunications Law and the Broadcasting Law, which are vast attributable to administrative law.

Classical objects of media law, the media freedoms: press, radio (radio and television) and film, with the advent of new media are the areas of multimedia and internet added.

Regulatory objectives of the media law, the guaranteeing accessible communications infrastructure, ensure diversity of opinion, protection of media users ( recipients ), data and minors but also the protection of intellectual property. So legally regulated the use and usability medial transmitted content.

In contrast, the Telecommunications Law regulates mainly only the technical aspects of content delivery. Both areas, however, are closely linked especially in the multimedia sector and influence each other.

European regulations

The European Community has no explicit competence in the field of media. It has, however, enforced just under the impact of multimedia and Internet development in the Member States, the realization that many of the new media can not be stopped at the border and therefore make a European order of the media being required. In December 1997, a Green Paper on the convergence of telecommunications, media and information technologies, the EU Commission has published and shown in frameworks for converging media sectors. Since the regulatory competence of the EC but includes only the areas that are necessary to achieve the objectives of the EC Treaty ( Articles 2 and 3 EC ), were European regulations mainly due to the freedom to provide services (Article 49 EC ), the requirement approximation of laws under Article 47 and Article 55 of the EC Treaty, but also on Article 86, paragraph 3 of the EC Treaty ( the abolition of monopolies in the telecommunications sector ) supported.

In Germany the competence of the EC regulations for the media sector has been heavily criticized. The attitude of the EC towards the media was, especially in the field of broadcasting, considered to be too business-oriented. It was feared that the cultural importance of the media and the German federal competence structure that allocates the culture of the countries that would be of an EC media law, media regarded only as economic services, eroded ( cf. 9th broadcasting judgment). The ECJ between the positions conveyed by stating that EC is empowered to adopt rules on cross -border media services, however, Member States could the freedom to provide services " for reasons of overriding public interest " limit. It was later established as a principle of European law with the cultural items in Article 151 the preservation and promotion of cultural diversity.

Currently the meaning of Article 87 of the EC Treaty, the protection rule against distorting subsidies in terms is controversial in Germany on the funding of public service broadcasting.

As a secondary law in the wake Directive 89/552/EEC ( Television without Frontiers Directive ) (Directive 89/552/EEC recast: 97/36/EC ) and the EC E -Commerce Directive (Directive 2000/31/EC ) been adopted.

Constitutional Basis in Germany

Form the constitutional basis for the right of the so-called communication media freedoms: freedom of expression (Article 5 paragraph 1 sentence 1 GG 1 ms ), the recipient freedom ( freedom of information ) (Article 5 paragraph 1 sentence 1, 2 Hs. GG), broadcasting and freedom of the press (Article 5 paragraph 1 sentence 2 of the Basic Law ). Then there are the artistic freedom (Art. 5 § 3 of the Basic Law ) and the secrecy (Art. 10 para 1 of the Basic Law ). While fundamental rights are to be understood primarily as a defensive subjective rights of citizens against the state, but in addition there is also an objective dimension as a mandate for the state to establish a suitable framework for the development of fundamental rights. For the freedom of communication, this means to make provisions for adequate infrastructure, among other things, so that citizens are able to realize their basic rights of communication.

The legislative competence under Article 30 of the Basic Law in conjunction with Article 70 paragraph 1 of the Basic Law for radio and the press generally in the countries. This was confirmed by the first radio - judgment by the Federal Constitutional Court ( " Germany - Fernsehen-GmbH "). The federal government had to federalism reform in the field of legal relations of the press frame a legislative competence under Article 75 Section 1 No. 2 of the Basic Law, of which, however, has never been used. After the abolition of Article 75 of the Basic Law by abolishing the legislative competence framework the right to enact laws is now the countries, as previously, in the press about, but since then the federal government can not set a legal framework more for it.

For telecommunications, Copyright, Intellectual Property and publishing rights, however, there is an exclusive legislative competence of the Federation pursuant to Article 73 of the Basic Law.

Just Legal bases in Germany

Press, publishing, radio

The press law is based on the press laws of the countries. Copyright law, publishing law and the right of collecting societies are for the publishing rights (for example, VG Wort ) is important. In the field of broadcasting law countries include government contracts to guarantee a nationwide regulation, most notably the Interstate Treaty on Broadcasting ( Interstate Broadcasting Agreement ) normalized the general requirements for public and private broadcasting. The license fee government contract and the financing of broadcasting State Treaty secure the funding of public service broadcasting. There are also other treaties as the legal basis of public- service broadcasters such as the NDR State Treaty or the ZDF State Treaty. In addition to the Interstate Treaty on Broadcasting private broadcasting based on the respective national media laws of the countries.

Fine art, photography, film, music

For the work of artists in these areas, especially the copyright is relevant. Legal bases are the copyright law ( Copyright Act ), and the Art Copyright Act ( Copyright Act ). With the exploitation of the various collecting societies are involved: GEMA and VG Music Edition for musical works, VG Bild-Kunst images, to GVL for the exercise of Performance Rights uva For the perception and the protection of performers' rights are also the trademark law, patent law, utility model and design patent protection and competition law are important, but do not count on media law in the strict sense (for part of this area is also referred to as a "green law ", according to envelope color the relevant journal IIC in this area. )

Internet and Multimedia

The Internet Law is an overarching legal matter, which relies on various legal provisions of the federal and state governments. To introduce a multimedia legislation, the Information and Communication Services Act ( IuKDG ) was adopted in 1997, which introduced three new federal laws: the Teleservices Act (TDG), the Teleservices Data Protection Act ( TDDSG ) and the signature law regulating the digital signature. In addition to the covenant, which was only for Teleservices TDG, was closed by the countries for the media services of Media Services (MDStV ). In terms of content TDG and MDStV relatively similar and the distinction between teleservices and media services therefore blurred. The increasing media convergence and the desire to increase legal certainty, led in 2007 to reform: The Teleservices Act was replaced by the Telemedia Act of the Federal and regulations of the Media Services State Treaty in the section Telemedia (§ § 54-61 Interstate Broadcasting Agreement ) of the State Treaty for broadcasting and electronic media of the states transferred. The recent media services and teleservices have been grouped into the so-called Telemedia. The term Telemedia was first used in 2003 in the Youth Media Protection State Treaty ( JMStV ) of the countries. This state contract includes succession planning to former Youth Policy in the Interstate Treaty on Broadcasting and Media Services State Treaty. It will set out minimum standards of protection of minors, which are monitored by the Commission on Youth Protection in the Media ( KJM ).

Due to the fast, partly unforeseeable technical and content development in the area of ​​media law, existing laws and treaties are often inadequately designed for the evaluation of new information. Therefore, the media law is strongly influenced by so-called case - or judge-made law (case law). An overview of media law decisions can be found here.

Media regulation

The market access of media companies, their organization and financing, as well as the supervision of the activities of media companies form the area of media regulation.

Media Business Law

For media business law include media law, media antitrust, media competition law, advertising law, commercial law, media and copyright law.

Media Civil Law

Under media civil rights refers to the protection of legal interests, the binding of the mass media to certain obligations and tort law.

Among the protected legal interests include the general right of personality, but also the special privacy rights such as the right to their own image, the protection of honor, the right to his own name, the rights in the company.

The media is bound in its action to the journalistic duty of care, which also specifies the standard of liability in individual cases. Compliance with the duty of care is essential especially in the suspected reporting.

Basically, the author adheres itself The liability of the media for their own or third-party content but is also the propagator of liability an important role to play. In addition, for example, in § 13 para 6, No. 1 UWG and in § 5 TDG and § are different Liability privileges 5 MDStV.

The of an inadmissible statement in coverage affected various civil remedies are made available to enforce its rights or protect its legal interests to the media. Against unacceptable expressions of opinion may be a claim for injunctive relief, a claim for damages or a claim for compensation either in cash. Additionally prevent invalid assertions of fact are also entitled to rectification and reply into consideration.

Media work right

For employees of companies in the mass media, special labor laws rules apply. This applies both to the employment relationship itself, as well as the participation in the company, collective agreements and labor disputes.

Media criminal law

In the area of criminal law, see especially the work of the media tailored standards. Below is V.A. § 193 of the Criminal Code to call, which engages in safeguarding legitimate interests as a justification of the offense facts. In addition, the Criminal Code also found in the country's press laws (about § 20 B.-W. LPresseG ).

In criminal law, the journalistic evidentiary privilege ( § 53 Code of Criminal Procedure, § 383 ZPO) and seizure and search prohibitions (§ § 94 ff, 111, 111n, 102 et seq Code of Criminal Procedure ) shall apply.

Constitutional basis in Switzerland

In Switzerland, the media law is governed in principle in Article 93 of the Federal Constitution. This provides, inter alia, before that the media should report facts accurately. In addition, the public media must foster the diversity of opinions and the state political cohesion of the multilingual country.