Rundfunkstaatsvertrag

The State Treaty for Broadcasting and Telemedia (short Broadcasting Treaty or Interstate Broadcasting Agreement ) is in the law of the Federal Republic of Germany a treaty between all sixteen German federal states, the federal creates uniform rules for the broadcasting law.

Apart from the actual Interstate Treaty on Broadcasting, the broadcasting right includes, among others, the German State Treaty, the ZDF State Treaty, the Germany radio - State Agreement, the license fee government contract and the financing of broadcasting State Treaty. At the March 2007 also regulated in the State Broadcasting Treaty Telemedia eg the German Telemedia Act ( TMG ) of the Federal contain further regulations. The protection of minors is no longer regulated by the Broadcasting Treaty, but in the Youth Media Protection State Treaty of countries since April 2003.

Control areas

Topics covered include:

• The dual broadcasting system (coexistence of public and private broadcasting )
• Job definition for the public service broadcasting
• The duration and form of radio advertising ( television and radio advertising)
• The right to short reporting
• Monitoring of media concentration
• The introduction and use of analog and digital transmission methods (for example, DAB, DVB-T, and other methods, for example, digital broadcasting )
• Regulations to content embossed Telemedia ( in replacement of the State Treaty on Media Services )
• Classification of stations in the full program and with special interest program

The State Broadcasting Treaty governs in § 2 paragraph 1 among other things, the concept of broadcasting: "Television is a linear information and communication service, it is intended for the public and for simultaneous viewing event and dissemination of offers in moving image or sound along a transmission schedule using electromagnetic vibrations. the term includes offers that encrypted distributed or are received for a special fee. " Thus, this definition includes both wireless as wired transmission, and the transmission through packet-oriented media such as the Internet, but it is irrelevant in the latter, whether the broadcast streams are individually retrieved and transmitted by individual IP packets to the receiver, or if they at via Multicast many IPs are transmitted simultaneously. Is relevant only that the contents as the normal websites can not be accessed at any time, but only at the same time its circulation.

History

Broadcasting contracts in 1987 and 1991

The dual broadcasting system was first designed by law by the State Treaty for the reorganization of the broadcasting system of the countries of 3 April 1987. Succession planning is the State Treaty on Broadcasting in united Germany from 1991.

1st to 9th Broadcasting Treaty Amendment

The State Treaty on Broadcasting in united Germany was changed from 1994 to 2007 nine times. It was renamed with effect from March, 2007 State Treaty for Broadcasting and Telemedia ( Interstate Broadcasting Agreement ) by the Ninth Amendment to the Interstate Broadcasting Treaty. Since then, the Interstate Broadcasting Agreement contains in addition to the regulations on the broadcasting event also provisions on substantive requirements Telemedia. Previous regulations in addition found in the former Media Services (MDStV ) of the countries.

10 Broadcasting Treaty Amendment

In tithes Broadcasting Treaty Amendment a commission for authorization and supervision ( ZAK ) was formed. Thus, a centralized authorization for nationwide private broadcasters is the first time provided for in the German media law and unifies the approval right of countries.

For providers of digital platforms a duty of disclosure was introduced, which would allow supervision by the ZAK. Arrangements are now available for all wired and wireless platforms, including new wireline platforms ( such as IPTV ) and also new terrestrial platforms (such as mobile TV in the DVB -H and DMB). Excluded are platforms in open networks, insofar as there is has a dominant position (for example, Internet, UMTS).

Also, the license fee the State Treaty was amended, in particular the proof in license fee exemptions and the use of databases over the radio listeners by the state broadcaster.

11 Broadcasting Treaty Amendment

The Eleventh Amendment to the Interstate Broadcasting Treaty was signed by the Government of the countries on 12 June 2008 and entered into force on 1 January 2009. It concerns in particular the level of the license fee in the financing of broadcasting State Treaty and further financing of the parental controls " jugendschutz.net GmbH" in the Youth Media Protection State Treaty.

12 Broadcasting Treaty Amendment

Which came into force on 1 June 2009 the State Broadcasting Treaty as amended by the Twelfth Amendment to the Interstate Broadcasting Treaty various changes for the public- service broadcasters have been introduced. Of particular note are the new rules in § 11d Interstate Broadcasting Agreement, which deal with the admissibility of the offers of the institutions on the Internet. Broadcasting law, the broadcasters may thereafter its programs and supporting information after the broadcast as a rule after seven days no longer ready for retrieval filters ( see also Depublizieren ). Any further offers are longer permitted if they are added to a so-called concept of Telemedia Broadcasting Corporation and completed the newly introduced three-step test have ( § 11f par 4 Interstate Broadcasting Agreement ). Press Related Offers the public broadcasters broadcast without reference are as inadmissible as the provision of purchased movies. An appendix to the State Treaty more offers are specifically prohibited ( negative list); These include, for example: display portals, dating sites, route planner.

The second major change area concerns the economic activity of public service broadcasters. This concerns in particular the freezing of marktkonformem behavior (transparency requirements), see § § 16a et seq Interstate Treaty on Broadcasting

13 Broadcasting Treaty Amendment

On 30 October 2009, the Conference of Presidents of the Länder adopted the 13th Amendment to the Interstate Broadcasting Treaty. After ratification by the state legislatures, he entered into force on 1 April 2010. Focus of the new regulations relate to advertising and product placement in programs of public service broadcasters and private broadcasters, which are henceforth partly admissible.

14 Broadcasting Treaty Amendment ( ratified predominantly, but not entered into force )

On 10 June 2010, the Prime Ministers' Conference of the Länder ( MPK ) decided on the 14th Broadcasting Treaty Amendment. After ratification by the state legislatures, he should enter into force on 1 January 2011. As the first broadcast Treaty Amendment he was defeated in the North Rhine -Westphalian state parliament on December 16, 2010. Then the change has not entered into force. He should mainly change the Youth Media Protection State Treaty in so far that a set of rules in dealing with so-called impair our development ends Offered is introduced. This should fix the protection of minors on the Internet.

15 Broadcasting Treaty Amendment

The signing of the 15th Amendment to the Interstate Broadcasting Treaty was held until December 21, 2010 from 15. After the treaty was ratified by all countries, the majority of the changes occurred now on 1 January 2013. The amendments to a paradigm shift in the financing of broadcasting is completed. The so-called household fee, a fee that is charged no more per unit but per household and establishment, to this new funding model can account for the cost of data collection and control of the Commissioner of Gebühreneinzugszentrale ( GEZ ). The current license fee government contract is canceled and a new radio talk state contract is introduced, Article 1 of the 15th RÄStV. Further changes were made in the area of ​​sponsorship of programs of public service broadcasting. The controversial changes in the course of the 14th RÄStV that were ultimately not ratified, found in the 15th RÄStV no precipitate.