Kiri

1. ------IND- 2020 0026 D-- EN- ------ 20200220 --- --- PROJET State Treaty on the modernisation of media legislation in Germany1 - Draft - The Federal State of Baden-Württemberg, the Free State of Bavaria, the Federal State of Berlin, the Federal State of Brandenburg, the Free Hanseatic City of Bremen, the Free Hanseatic City of Hamburg, the Federal State of Hessen, the Federal State of Mecklenburg-Western Pomerania, the Federal State of Lower Saxony, the Federal State of North Rhine-Westphalia, the Federal State of Rhineland-Palatinate, the Saarland, the Free State of Saxony, the Federal State of Saxony-Anhalt, the Federal State of Schleswig-Holstein and the Free State of Thuringia hereby simultaneously implement the European Parliament and Council Directive 2018/1808/EU of 14 November 2018 amending Council Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive), which was implemented in view of changing market conditions, and conclude the following State Treaty: 1 Notified in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1). 1  §1 State Media Treaty (MStV) Contents Preamble Section I Area of application; definitions § 1 Scope of application § 2 Definition of terms Section II General provisions Subsection 1 Radio broadcasting § 3 General principles § 4 Information requirements, consumer protection § 5 Information rights § 6 Due diligence obligations § 7 Accessibility § 8 Marketing communications principles, requirements for notices § 9 Insertion of advertising and teleshopping § 10 Sponsoring § 11 Competitions § 12 Data processing for journalistic purposes, media privilege § 13 Broadcasting of major events § 14 Short reporting § 15 European productions, own, commissioned and joint productions § 16 Obligation to provide information to competent authorities under the European Convention on Transfrontier Television Subsection 2 Telemedia 2 § 17 General principles, freedom of approval and registration § 18 Information obligations and information rights § 19 Due diligence obligations § 20 Counter notification § 21 Accessibility § 22 Advertising, sponsorship, competitions § 23 Data processing for journalistic purposes, media privilege § 24 Telemedia Act, public bodies § 25 Notification Section III Special provisions for public service broadcasting § 26 Task § 27 Offers § 28 Television programmes § 29 Radio programmes § 30 Telemedia offers § 31 Statutes, guidelines, reporting obligations § 32 Telemedia concepts § 33 Provision for young people § 34 Functional financial resources, principle of financial equalisation § 35 Financing § 36 Finance requirements for public television broadcasters § 37 Reporting by the Court of Auditors § 38 Permissible product placement § 39 Duration of radio advertising, sponsorship § 40 Commercial activities § 41 Participation in companies § 42 Control of participation in companies § 43 Control of commercial activities § 44 Liability for participation in commercially active companies § 45 Guidelines § 46 Marketing changes § 47 Exclusion from teleshopping § 48 Supply contract § 49 Publication of complaints Section IV 3  Special provisions for private broadcasting Subsection 1 Scope of application, programme principles § 50 Scope of application § 51 Programme principles Subsection 2 Approval § 52 Approval § 53 Granting approval for broadcasters operating nationwide § 54 Radio programmes that do not require approval § 55 Principles for the approval procedure § 56 Right to information and investigative powers § 57 Obligation to publish and other submission obligations § 58 Confidentiality Subsection 3 Securing diversity of opinion § 59 Diversity of opinion, regional windows § 60 Securing diversity of opinion on television § 61 Determining audience shares § 62 Attribution of programmes § 63 Change in ownership structure § 64 Measures to ensure diversity § 65 Airtime for independent third parties § 66 Program advisory board § 67 Guidelines § 68 Airtime for third parties Subsection 4 Financing, advertising § 69 Financing § 70 Duration of television advertising § 71 Teleshopping windows and self-promotion channels 4 § 72 Standards and directives § 73 Exceptions for regional and local television broadcasters Section V Special provisions for individual telemedia Subsection 1 Telemedia comparable to broadcasting § 74 Advertising § 75 Short reporting § 76 Accessibility § 77 European productions Subsection 2 Media platforms and user interfaces § 78 Scope of application § 79 General provisions § 80 Signal integrity, fades and scaling § 81 Allocation of media platforms § 82 Access to media platforms § 83 Conditions of access to media platforms § 84 Findability in user interfaces § 85 Transparency § 86 Submission of documents, cooperation with the regulatory authority for telecommunications § 87 Confirmation of safety § 88 Standards, directives § 89 Review clause § 90 Existing approvals, allocations, assignments, display of existing media platforms or user interfaces Subsection 3 Media intermediaries § 91 Scope of application § 92 Person authorised to receive service in the Federal Republic of Germany § 93 Transparency 5 § 94 Non-discrimination § 95 Submission of documents § 96 Standards and directives Subsection 4 Video sharing services § 97 Scope of application § 98 Person authorised to receive service in the Federal Republic of Germany § 99 Advertising § 100 Arbitration board Section VI Transmission capacity, retransmission § 101 Basic principle § 102 Allocation of wireless transmission capacities § 103 Allocation of wireless transmission capacities to private providers by the responsible state media authority § 104 Retransmission § 105 Review clause Section VII Media oversight § 106 Organisation § 107 Duties § 108 Competent state media authority § 109 Procedure for approval, assignment and notification § 110 Withdrawal, revocation of approvals and assignments § 111 Measures in the event of legal violations § 112 Preliminary proceedings § 113 Cooperation with other authorities § 114 Financing of special tasks § 115 Data protection oversight for telemedia Section VIII Review, regulatory offences 6 § 116 Review before the Federal Administrative Court § 117 Regulatory offences Section IX Transitional and concluding provisions § 118 Cancellation § 119 Transitional provision for product placements § 120 Transitional provision for telemedia concepts § 121 Transitional provision for approvals and notifications § 122 Transitional provision for determining audience shares § 123 Transitional provision for user interfaces § 124 Regulation for Bavaria Preamble [to be added] Section I Area of application; definitions §1 Scope of application (1) This State Treaty applies to the event and the offer, distribution and accessibility of broadcasting and telemedia in Germany. (2) Insofar as this State Treaty does not contain any other regulations for the organisation and distribution of broadcasting or permits such regulations, the state law provisions applicable to the respective broadcaster or the respective private broadcaster are to be applied. (3) This State Treaty and the state law provisions apply to television broadcasters if they are established in the Federal Republic of Germany. 7 A television broadcaster is considered to be established in the Federal Republic of Germany if 1. The head office is located in Germany and the editorial decisions concerning the audiovisual media service are taken there, 2. The head office is located in Germany and the editorial decisions concerning the audiovisual media service are taken in a different Member State of the European Union, but a) a substantial part of the personnel entrusted with the implementation of program- related activities is active in Germany or b) a substantial part of the personnel entrusted with the provision of the audiovisual media service is employed both in Germany and in the other Member State of the European Union, or c) a substantial part of the personnel entrusted with program-related activities does not work in Germany or the other Member State of the European Union, but the television broadcaster in Germany first started its activity and a permanent and actual connection with the German economy persists, or 3. The head office is situated in Germany and the editorial decisions concerning the audiovisual media service are taken in a non-EU state, or vice versa, but a substantial part of the personnel entrusted with the provision of the audiovisual media service is employed in Germany. (4) For television broadcasters, insofar as they are not already subject to legal sovereignty in Germany or another Member State of the European Union, this State Treaty and the provisions of state law also apply in the event of the following: 1. If they use a satellite ground station located in Germany for the uplink or 2. Although they do not use a satellite ground station in a Member State of the European Union for the uplink, they do use transmission capacity from a satellite allocated to Federal Republic of Germany. If neither of these two criteria are met, this State Treaty and the state law provisions also apply to television broadcasters if they broadcast in Germany in accordance with 8 §§ 49 to 55 of the Treaty on the Functioning of the European Union, OJ C 115, 9 May 2008 p. 47. (5) This State Treaty and the state law provisions do not apply to programmes of television broadcasters that 1. Are intended exclusively for reception in third countries and 2. Are not broadcasted directly or indirectly to the general public on commercially available consumer devices in a country within the scope of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (OJ L 95, 15 April 2010, p. 1). (6) The provisions of Section II and Section IV of this State Treaty only apply to teleshopping channels if this is expressly determined. (7) This State Treaty applies to providers of telemedia if they are established in the Federal Republic of Germany in accordance with the provisions of the Telemedia Act. (8) Notwithstanding paragraph 7, this State Treaty applies to media intermediaries, media platforms and user interfaces insofar as they are intended for use in Germany. Media intermediaries, media platforms or user interfaces are to be regarded as intended for use in Germany if they are aimed at users in the Federal Republic of Germany, in particular through the language used, the content or marketing activities offered, or if they aim to refinance a substantial part of such in the Federal Republic of Germany. For the purposes of §§ 97 to 100, this State Treaty applies to video sharing services within the scope of Directive (EU) 2010/13/EU, as amended by Directive (EU) 2018/1808/EU, if they comply with the regulations of the Telemedia Act established in the Federal Republic of Germany; otherwise sentence 1 applies. (9) Television broadcasters are obliged to inform the body responsible under state law of any changes that could affect the establishment of sovereignty under paragraphs 3 and 4. State media authorities shall compile a list of private television broadcasters subject to legal sovereignty in Germany, keep them up to date and state on which of the criteria mentioned in paragraphs 3 and 4 the sovereignty is based. The list and all updates to this list will be sent to the European Commission together with the list of public service broadcasters. 9  §2 Definitions (1) Broadcasting is a linear information and communication service; it is intended for the general public and for simultaneous reception and the dissemination of journalistic- editorially designed offers of moving images or sound along a transmission schedule by means of telecommunications. The term includes offers that are distributed in encrypted form or that can be received for a special fee. Telemedia are all electronic information and communication services unless they are telecommunications services as per § 3 subparagraph 24 of the Telecommunications Act which wholly involve the transmission of signals via telecommunications networks, or are telecommunications- supported services pursuant to § 3 subparagraph 25 of the Telecommunications Act or radio broadcasting as per sentences 1 and 2. (2) In accordance with this Act, this State Treaty applies to: 1. Broadcast programmes wherein a sequence of content is scheduled according to a broadcasting schedule, 2. Long-term broadcasting schedules, determined by the organiser and that cannot be changed by the user in terms of the content and timing of programmes, 3. Transmission of a closed, time-limited individual component of a broadcasting schedule or catalogue, regardless of its length, which is contiguous, 4. A full radio programme with diverse contents, in which information, education, advice and entertainment form an essential part of the overall programme, 5. A divisional programme which is a radio programme with essentially the same content, 6. A regional window programme whose broadcast is limited in terms of time and space, with essentially regional content as part of a main programme, 7. Advertising is any statement that serves the direct or indirect promotion of the sale of goods and services, including immovable objects, rights and obligations, or the appearance of natural persons or legal entities who are engaged in a business activity, 10 and is undertaken in exchange for a fee or similar compensation, or as self-promotion on the radio or telecommunications medium. Advertising is, in particular, radio advertising, sponsoring, teleshopping and product placement; § 8 paragraph 9 and § 22(1) sentences 2 and 3 remain unaffected, 8. Broadcast advertising is any statement in the exercise of a trade, business, craft or profession that is broadcast on the radio by a public or private broadcaster or an individual either for a fee or a similar consideration or as self-promotion, with the aim of promoting the sale of goods or the provision of services, including immovable property, rights and obligations, for a fee, 9. Surreptitious advertising is the mention or representation of goods, services, names, brands or activities of a manufacturer of goods or a provider of services in programmes if it is intentionally provided by the organiser for advertising purposes and, in the absence of labelling, may mislead the general public regarding the actual purpose of this mention or representation. A mention or representation is considered to be intended for advertising purposes in particular if it is for a fee or a similar consideration, 10. Sponsorship of any contribution by an individual or legal entity or an association that is not involved in radio activities, the provision of telemedia comparable to broadcasting or video sharing services or the production of audiovisual works, for direct or indirect funding of radio programmes, telemedia comparable to broadcasting, video sharing services, user-generated videos or a programme to promote a name, brand, appearance of the person or association, their activity or services, 11. Teleshopping is the broadcasting of direct offers to the public for the sale of goods or the provision of services, including immovable property, rights and obligations, for a fee in the form of teleshopping channels, windows and spots, 12. Product placement means any form of advertising consisting of incorporating or referring to a product, service or brand, for a fee or similar consideration, so that it appears within a programme or a user-generated video. The free provision of goods or services is product placement if the goods or services in question are of significant value, 13. Broadcast-like telemedia is telemedia with content that is similar in form and design to radio or television and that is provided from a catalogue specified by a provider for individual access at a time selected by the user (audio and audiovisual media services 11 on demand); Contents are in particular radio plays, feature films, series, reports, documentaries, entertainment, information or children’s programmes, 14. Media platform of any telemedia, insofar as it combines radio, telemedia comparable to broadcasting or telemedia according to § 19(1) into an overall offer determined by the provider. The summary of broadcasting, telemedia comparable to broadcasting or telemedia according to § 19(1) is also the summary of software-based applications which essentially serve to directly control broadcasting, telemedia comparable to broadcasting and telemedia according to § 19(1) or telemedia in the sense of sentence 1. No media platforms in this sense are a) Offers that are distributed analogously via a cable system, b) The entire range of radio, telemedia comparable to broadcasting or telemedia in accordance with § 19(1), which is the sole responsibility of one or more public service broadcasters or a private provider of radio, telemedia comparable to broadcasting or telemedia in accordance with § 19(1) or those from companies whose programmes are attributable to them in accordance with § 62; Contents from window programmes recorded according to § 59(4) or third-party broadcasts in the sense of § 65 are harmless, 15. In terms of the user interface, the textually, visually or acoustically conveyed overview of offers or contents of one or more media platforms, which serves to orientate and directly select offers, contents or software-based applications, which essentially directly control radio, telemedia comparable to broadcasting or telemedia according to § 19(1). User interfaces are in particular a) Overviews of offers or programmes of a media platform, b) Overviews of offers or programmes that are not also part of a media platform, c) Visual or acoustic presentations of device-bound media platforms, provided that they fulfil the function according to sentence 1, 16. Media intermediary for any telemedia that also aggregates, selects and presents third-party journalistic and editorial offers without making them available as a whole, 17. Broadcasters who offer a radio programme under their own responsibility, 12 18. Provider of telemedia comparable to broadcasting, who decides on the selection of the content and bears the responsibility for the content, 19. Media platform provider, who is responsible for the selection of media platform offers, 20. Providers of a user interface, who make the final decision on the design of the overview, 21. Media intermediary provider, who is responsible for the aggregation, selection and generally accessible presentation of content, 22. Video sharing service means a telemedia service in which the main purpose of the service or a separable part of the service or an essential function of the service is to provide programmes to the general public with moving images or user-generated videos for which the service provider has no editorial responsibility, and where the service provider determines the organisation of the programmes or the user-generated videos, which can also mean by automatic means, 23. Video sharing service provider, who operates a video sharing service, 24. User-generated video of a sequence of moving images with or without sound created by a user, which is an individual component regardless of its length and which is uploaded to a video sharing service by this or another user, 25. Information means in particular the following: News and current affairs, political information, economic affairs, international reports, religious, sport, regional, social, service and contemporary history, 26. Education means in particular the following: Science and technology, everyday life and advice, theology and ethics, animals and nature, society, children and youth, education, history and other countries, 27. Culture means in particular the following: Stage plays, music, television games, television films and radio plays, visual arts, architecture, philosophy and religion, literature and cinema, 28. Entertainment means in particular the following: Cabaret and comedy, films, series, shows, talk shows, games, music, 13 29. The following offers are categorised as public telemedia offers: Telemedia offered by the regional ARD broadcasting corporations, ZDF and Deutschlandradio in accordance with a procedure carried out in accordance with § 32(4) wherein image, sound, moving image, text and internet-specific designs are combined to create a programme. (3) Offers that consist of programmes that are activated for a single fee are not considered to be broadcasting. Section II General provisions Subsection 1 Radio broadcasting §3 General principles The federal state broadcasting corporations, Zweite Deutsche Fernsehen (ZDF), Deutschlandradio and all organisers of nationwide private radio programmes, which are united in the working group of the public broadcasting corporations of the Federal Republic of Germany (ARD), have to respect and protect the dignity of people in their offers; the moral and religious beliefs of the population must be respected. The offers are intended to help strengthen respect for life, freedom and physical integrity, the beliefs and opinions of others. Further state law requirements for the design of the offers as well as § 51 of this State Treaty remain unaffected. §4 Information requirements, consumer protection (1) Furthermore, broadcasters have to make the following information easily, immediately and continuously accessible within the scope of its overall offer: 1. Name and geographical location, 14 2. Information that enables quick and direct contact and efficient communication, 3. Competent oversight and 4. The Member State to whose jurisdiction it is subject. (2) With the exception of §§ 2, 9 and 12, the provisions of the EC Consumer Protection Enforcement Act apply accordingly to the provisions of this State Treaty for the implementation of §§ 10 to 21 of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 298, 17.10.1989, p. 23), as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30 July 1997, p. 60), for intra-Community infringements. Line 1 shall not apply to teleshopping channels. §5 Information rights (1) Broadcasters have a right to information from the authorities. Information can be refused if 1. This could prevent, complicate, delay or endanger the proper execution of a pending procedure or 2. Conflict with regulations on confidentiality or 3. If an overriding public or legitimate private interest would be violated or 4. Its scope exceeds a reasonable level. (2) General orders that prohibit an authority from providing information to broadcasters are not permitted. (3) Broadcasters can require authorities to be treated equally in relation to other applicants when public announcements are passed on. 15  §6 Due diligence obligations (1) Reporting and information programmes must comply with recognised journalistic principles, including when using virtual elements. They must be independent and factual. Messages are to be checked for truth and origin before being distributed with due diligence. Comments must be clearly separated from the reporting and marked as such with the author’s name. (2) When reproducing opinion polls carried out by broadcasters, it must be expressly stated whether they are representative. §7 Accessibility (1) In addition to their existing commitment, the organisers according to § 3 sentence 1 should take up accessible offers within the scope of the technical and financial possibilities and continuously and gradually expand the scope of such offers. (2) The organisers of nationwide private television programmes report to the respective responsible state media agency, ARD regional broadcasters, ZDF and Deutschlandradio and their respective supervisory bodies at least every 3 years on the measures taken in accordance with paragraph 1. The reports will then be sent to the European Commission. §8 Advertising principles, labelling requirements (1) Advertising may not 1. Violate human dignity, 2. Advertising may not violate human dignity or include or promote discrimination based on gender, race or ethnic origin, nationality, religion or belief, disability, age or sexual orientation, 3. Mislead or harm the interests of consumers, or 16 4. Promote behaviours that endanger health or safety, as well as the protection of the environment. (2) Radio advertising forms part of the programme. Radio advertising or advertisers may not influence the rest of the programme in terms of content or editorial content. Sentences 1 and 2 apply accordingly to teleshopping spots, teleshopping windows and their providers. (3) Advertising must be easily recognisable as such and distinguishable from the editorial content. No subliminal influencing techniques may be used in advertising. Even when new advertising technologies are used, radio advertising and teleshopping must be separated from the other parts of the programme appropriately by clear optical, acoustic, or spatial means. (4) Partial coverage of the broadcast image with radio advertising is permitted if the radio advertising is clearly optically separated from the rest of the programme and identified as such. This radio advertising is counted towards the duration of the spot advertising according to §§ 39 and 70. § 9(1) applies accordingly. (5) Continuous advertising programmes are permitted if the advertising aspect is clearly in the foreground and the advertising is an essential part of the broadcast. They must be announced as a continuous advertising programme at the beginning and marked as such throughout their entire duration. Sentences 1 and 2 also apply to teleshopping. (6) The insertion of virtual advertising in programmes is permitted if 1. Such is announced at the beginning and at the end of the programme in question, and 2. If it replaces any advertising that already exists at the place of transmission. Other rights shall remain unaffected. Line 1 also applies to teleshopping. (7) Surreptitious advertising and topic placement as well as corresponding practices are not permitted. Product placement is permitted, except in news programmes, programmes for political information, consumer programmes, regional window programmes in accordance with § 59(4), window programmes in accordance with § 65, 17 programmes with religious content and children’s programmes. Programmes that contain product placement must meet the following requirements: 1. The editorial responsibility and independence regarding content and placement in the broadcast schedule must remain unaffected, 2. The product placement must not directly encourage the purchase, rental or lease of goods or services, in particular not by means of special sales-promoting references to these goods or services, and 3. The product must not be emphasised too strongly; this also applies to low-value goods that are made available free of charge. Product placement must be clearly indicated. It must be appropriately identified at the beginning and end of a programme and when it continues after an advertising break or on the radio by means of an equivalent notice. The labelling requirement does not apply to programmes that have not been produced or commissioned by the organiser itself or by a company affiliated with the organiser, and unless it can be determined with reasonable effort whether product placement is included; this should be pointed out. The state broadcasting corporations, ZDF and the state media authorities, which are part of ARD, establish uniform labelling. (8) In television advertising and teleshopping on television, no person may appear who regularly presents news programmes or programmes on current political affairs. (9) Political, ideological or religious advertising is not permitted. Sentence 1 applies, mutatis mutandis, to teleshopping. Free public service contributions, including calls for donations for charity purposes, are not considered advertising within the meaning of sentence 1. § 68 remains unaffected. (10) Advertising and teleshopping for alcoholic beverages must not promote excessive consumption of such beverages. (11) The non-nationwide distribution of radio advertising or other content in a nationwide programme or a commissioned or authorised nationwide distribution is only permitted if and to the extent permitted by the law of the country in which the non- nationwide distribution takes place. A non-nationwide broadcast advertising or other content from private broadcasters requires a separate state approval; this can be made dependent on the content requirements to be determined by law. 18 (12) Nor do paragraphs 1-11 apply to teleshopping channels. §9 Insertion of advertising and teleshopping (1) Broadcasts of services and programmes for children may not be interrupted by radio advertising or teleshopping. (2) Individually broadcast advertising and teleshopping spots on television must remain the exception; this does not apply to the transmission of sporting events. The insertion of advertising or teleshopping spots on television must not impair the connection between programmes, taking into account the natural interruptions in the programme and the duration and type of the programme, and must not violate the rights of rights holders. (3) Films with the exception of series and documentaries as well as feature films and news programmes may be interrupted once for television or teleshopping for each programmed period of at least 30 minutes. (4) If radio advertising or teleshopping in a television programme is specifically and frequently aimed at viewers from another country that has ratified the European Convention on Transfrontier Television and is not a member of the European Union, the regulations applicable to television advertising or teleshopping that apply there may not be circumvented. Sentence 1 does not apply if the provisions of this State Treaty on radio advertising or teleshopping are stricter than those applicable in the state concerned, nor if agreements in this area have been concluded with the state concerned. § 10 Sponsoring (1) The existence of a sponsorship agreement must be clearly indicated; for programmes that are wholly or partially sponsored, funding by the sponsor must be clearly and reasonably indicated at the beginning or at the end; the reference is also possible in this context by moving images. In addition to or instead of the sponsor’s 19 name, their company emblem or brand, another symbol of the sponsor, a reference to their products or services or a corresponding distinctive symbol can also be shown. (2) The content of a sponsored radio programme or a sponsored programme and programme location of a programme may not be influenced by the sponsor in such a way that the editorial responsibility and independence of the broadcaster are impaired. (3) Sponsored programmes may not encourage the sale, purchase or rent or lease of products or services of the sponsor or a third party, especially by means of corresponding special instructions. (4) News programmes and programmes for political information may not be sponsored. The display of sponsor logos is prohibited in children’s and religious programmes. (5) Paragraphs 1-4 also apply to teleshopping channels. (6) § 8(3) sentence 3 and (8-10) shall apply accordingly. § 11 Competitions (1) Game shows and competitions are permitted. They are subject to transparency and participant protection. They must not mislead nor harm the interests of the participants. In particular, the programme must be informed about the costs of participation, the eligibility to participate, the game design and the resolution of the task. The interests of the protection of minors are to be protected. Only a fee of up to EUR 0.50 may be charged for participation; § 35 sentence 3 remains unaffected. (2) Upon request, the organiser must provide the supervisory authority with all documents and provide the information that is necessary to check that the broadcasts and competitions have been carried out correctly. (3) Paragraphs 1-2 also apply to teleshopping channels. § 12 Data processing for journalistic purposes, media privilege 20 (1) Insofar as the state broadcasters affiliated to ARD, ZDF, Deutschlandradio or private broadcasters process personal data for journalistic purposes, the persons concerned are prohibited from processing this personal data for other purposes (data secrecy). These persons are obliged to maintain data secrecy when they start their work. This obligation also applies after the termination of their activities. With regard to data processing for journalistic purposes, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 of 4.5.2016, p. 1; L 314 of 22.11.2016, p. 72) except for Chapters I, VIII, X and XI only § 5 paragraph 1 letter f in conjunction with paragraph 2, § 24 and § 32. §§ 82 and 83 of Regulation (EU) 2016/679 apply with the proviso that liability only applies to a breach of data secrecy in accordance with sentences 1 to 3 and for inadequate measures in accordance with § 5(1) (f), §§ 24 and 32 of Regulation (EU) 2016/679. Sentences 1 to 5 apply accordingly to the auxiliary and associated companies belonging to the positions mentioned in sentence 1. The state broadcasters affiliated to ARD, ZDF, Deutschlandradio and other broadcasters as well as their associations may write their own codes of conduct that are issued and published in a transparent procedure. The data subjects are only entitled to the rights specified in paragraphs 2 and 3. (2) If the journalistic processing of personal data leads to the dissemination of counter- notifications by the data subject or to declarations of commitment, resolutions or judgements on the omission of the dissemination or revocation of the content of the data, then these counter-notifications, declarations of commitment and revocations regarding the stored data are to be kept with such for the same period of time as the data itself and when transmitting the data together with it. (3) If a person’s reporting rights are impaired by reporting, the data subject can request information about the data on which the reporting is based and which is stored about them. The information can be refused after weighing up the protection-worthy interests of the parties involved. 1. The data can be used to draw conclusions about persons who are involved in the preparation, production or distribution of broadcasts, 2. Conclusions can be drawn from the data regarding the person of the sender or the guarantor of articles, documents and communications regarding the editorial aspect or 21 3. By communicating the researched or otherwise obtained data, the journalistic task would be impaired by researching the information stock. The data subject can request the immediate correction of incorrect personal data in the data record or the addition of an appropriate representation of a reasonable extent. The further storage of personal data is lawful if this is necessary for the exercise of the right to freedom of expression and information or for the protection of legitimate interests. (4) The supervision of compliance with the applicable data protection regulations is determined by state law for the regional broadcasting corporations, ZDF, the German radio and private broadcasters, as well as associated companies and auxiliary companies belonging to ARD. The provisions of the Interstate Broadcasting Treaty remain unaffected. (5) Paragraphs 1-4 also apply to teleshopping channels. § 13 Broadcasting of major events (1) Television broadcasting of events of significant social importance (major events) in the Federal Republic of Germany is encrypted and for a special fee only permitted if the television broadcaster or a third party enables the event, at least in a freely receivable and generally accessible television programmes in the Federal Republic of Germany to be broadcast simultaneously or, if this is not possible due to parallel events, whereby it may be broadcast with a slight delay. If there is no agreement on the appropriateness of the conditions, the parties should agree on arbitration in accordance with §§ 1025 et seqq. of the Code of Civil Procedure in good time before the event; if the agreement of an arbitration procedure does not occur for reasons for which the television broadcaster or the third party is responsible, the broadcast according to sentence 1 is not considered to be possible under reasonable conditions. Only a programme that is actually available in more than two thirds of households is considered to be a generally accessible television programme. (2) For the purposes of this Ordinance, the following are defined as major events: 1. Olympic summer and winter games, 22 2. European and World Championships in football, all games with German participation as well as the opening game, the semi-finals and the final, regardless of German participation, 3. The semi-finals and the final for the Club Cup of the German Football Association, 4. Home and away games of the German national football team, 5. Finals of the European Club Championships in football (Champions League, Europa League) with German participation. In the case of major events that consist of several individual events, each individual event counts as a major event. The inclusion or removal of events in this provision is only permitted by a State Treaty in all countries. (3) If a Member State of the European Union shares its provisions on the broadcasting of major events in accordance with § 3a of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and of the Council of the European Commission and if the Commission does not raise any objections within 3 months of the notification and if the provisions of the Member State concerned are published in the Official Journal of the European Union, the broadcast of major events is encrypted and for a fee for that Member State is only permitted if the broadcaster enables broadcasting in a freely accessible programme in accordance with the provisions of the Member State concerned published in the Official Journal. (4) If provisions of a state which has ratified the European Convention on Transfrontier Television as amended in the amending protocol of 9 September 1998 have been published in accordance with the procedure referred to in § 9a paragraph 3 of the Convention, this regulation applies to broadcasters in the Federal Republic of Germany in accordance with sentence 4, unless the Prime Ministers of the federal states refuse to recognise the regulation within a period of 6 months via a unanimous decision. Recognition can only be refused if the provisions of the state concerned violate the Basic Law or the European Convention for the Protection of Human Rights and Fundamental Freedoms. The regulations applicable to organisers in the Federal Republic of Germany in accordance with the aforementioned procedure must be published in the official publications of the federal states. On the day of the last announcement in the state publications, the broadcast of major events is encrypted 23 and only permitted for a fee for this state if the television broadcaster permits broadcasting there in a freely accessible programme in accordance with the published regulations of the state concerned. (5) If an organiser violates the provisions of paragraphs 3 and 4, the approval can be revoked. Instead of a revocation, the approval can be provided with additional provisions, insofar as this is sufficient to remedy the violation. § 14 Short reporting (1) Every television broadcaster authorised in Europe has the right to free short reports on events and events that are publicly accessible and of general information interest for their own broadcasting purposes. This right includes the power of access, short- term direct transmission, recording, their evaluation for a single contribution and the disclosure under the conditions of paragraphs 2 to 12. (2) Other statutory provisions, in particular those of copyright and personal protection, remain unaffected. (3) Paragraph 1 does not apply to the churches and other religious communities and their institutions with the corresponding tasks. (4) The free short report is limited to a short news report corresponding to the occasion. The permissible duration is based on the length of time it takes to convey the informational content of the event. In the case of short-term and regularly recurring events of a similar nature, the maximum duration is usually one and a half minutes. If brief reports on events of a comparable type are summarised, the summary character must also be preserved in this summary. (5) The right to short reporting must be exercised in such a way that there are no avoidable disruptions to the event. The organiser can restrict or exclude the transmission or recording if it can be assumed that otherwise the execution of the event would be questioned or the moral sense of the event participants would be grossly violated. The right to short reporting is excluded if there are reasons for public security and order and these outweigh the public interest in information. The organiser’s right to exclude the transmission or recording of the event as a whole remains unaffected. 24 (6) For the exercise of the right to short reporting, the organiser can demand the generally provided entrance fee; otherwise, they must be reimbursed for the necessary expenses incurred through the exercise of the right. (7) For the exercise of the right to short reporting on professional events, the organiser can demand a low fee corresponding to the nature of the short reporting. If no agreement is reached on the amount of the remuneration, arbitration proceedings should be agreed in accordance with §§ 1025 et seqq. of the Code of Civil Procedure. The absence of an agreement on the amount of the remuneration or on the conduct of arbitration does not prevent the exercise of the right to short reporting; the same applies to a pending legal dispute regarding the amount of the remuneration. (8) Exercising the right to short reporting requires the television broadcaster to register with the broadcaster at least 10 days before the start of the event. The latter must notify the registering television broadcasters at least 5 days before the start of the event whether there are sufficient spatial and technical possibilities for transmission or recording. For short-term events, registrations must be made as early as possible. (9) If the spatial and technical conditions are not sufficient for all registrations to be taken into account, the television broadcasters who have concluded contractual agreements with the broadcaster or the sponsor of the event have priority. In addition, the organiser or the sponsor of the event has the right to choose. First of all, those television broadcasters must be taken into account that ensure comprehensive coverage of the country in which the event takes place. (10) TV broadcasters who take care of the short reporting are obliged to make the signal and the recording available immediately to those broadcasters against reimbursement of the reasonable expenses that could not be approved. (11) If the broadcaster or the sponsor of an event enters into a contractual agreement with a television broadcaster for reporting, they must ensure that at least one other television broadcaster may receive a short report. (12) The parts not used for the short reporting must be destroyed no later than 3 months after the end of the event; the event organiser or carrier of the event must be informed of the destruction in writing. The deadline is interrupted by the exercise of the legitimate interests of third parties. 25  § 15 European productions, own, commissioned and joint productions (1) The broadcasters contribute to securing German and European film and television productions as cultural assets and as part of their audiovisual heritage. (2) In order to present the diversity in German-speaking and European countries and to promote European film and television productions, television broadcasters should reserve the majority of their total airtime for feature films, television games, series, documentaries and comparable productions in accordance with European law. (3) Full television programmes should contain a significant proportion of in-house productions as well as commissioned and joint productions from German-speaking and European countries. The same applies to television programmes, insofar as this is possible according to their main focus. (4) As part of its programme mandate and taking into account the principles of efficiency and economy, public service broadcasting is entitled to provide qualitative and quantitative assurance of its programme procurement to participate in film grants without having to pay anything in return. Other state regulations remain unaffected. § 16 Obligation to provide information to competent authorities under the European Convention on Transfrontier Television (1) The broadcasters of state law are obliged to provide the authority responsible under state law in accordance with § 6(2) of the European Convention on Transfrontier Television with the information listed there on request. The same applies to private television broadcasters who, on request, have to provide the information of the state media authority of the country in which the licence was granted. The latter forwards the information to its legal supervisory authority. (2) The Prime Ministers of the federal states decide by decision one or more of the authorities mentioned in paragraph 1, which perform the tasks under § 19(2) and (3) of the European Convention on Transfrontier Television. These authorities are to be provided with all necessary information by the competent authorities of the individual countries in order to perform their tasks. 26 (3) Paragraphs 1 and 2 apply accordingly insofar as there are legally binding reporting obligations of the federal states for broadcasting to intergovernmental institutions or international organisations. Line 1 shall not apply to teleshopping channels. 2. Subsection Telemedia § 17 General principles, freedom of approval and registration According to the law, telemedia do not need to be granted approval nor registration. The constitutional order applies to the offers. The provisions of the general laws and the legal regulations for the protection of personal honour are to be observed. § 18 Information obligations and information rights (1) Telemedia providers who do not serve exclusively personal or family purposes must ensure the following information is easily recognisable, immediately accessible and constantly available: 1. Names and addresses, in addition to 2. In the case of legal entities, the name and address of the authorised representative. (2) Telemedia providers with journalistic and editorially designed offers, in which in particular complete or partial content of periodical print products are reproduced in text or image, have a person responsible in addition to the information in accordance with §§ 5 and 6 of the Telemedia Act, stating the name and the address of such. If several responsible persons are named, it must be indicated for which part of the service the respective named person is responsible. Only those who are responsible can be named 1. Is permanently resident in Germany, 27 2. Has not lost the legal ability to exercise an official function as a result of a criminal conviction, 3. Is fully competent and 4. Can be prosecuted without restriction. Sentence 3 subparagraphs 3 and 4 does not apply to young people who are responsible for telemedia intended for young people. (3) Telemedia providers in social networks are obliged to indicate the fact of automation in the case of automatically generated content or messages by means of a computer programme, provided that the external user account has been made available for use by individuals. The shared content or the message must be preceded by a clearly legible notice that this was created and sent automatically using a computer programme that controls the user account. A creation in the sense of this regulation does not only exist if content and messages are automatically generated immediately before transmission, but also if a pre-prepared content or a pre-programmed message is automatically used when sending. (4) For providers of telemedia according to paragraph 2 sentence 1, § 5 applies accordingly. § 19 Due diligence obligations (1) Telemedia with journalistic-editorially designed offers, in which in particular complete or partial content of periodical print products is reproduced in text or image, must comply with the recognised journalistic principles. The same applies to other commercially offered, journalistic and editorially designed telemedia, which regularly contain news or political information and which do not fall under sentence 1. Messages are to be checked by the provider for content, origin and truth before being distributed with due diligence. (2) When reproducing opinion polls carried out by broadcasters, telemedia providers must expressly state whether they are representative. 28 (3) Providers according to paragraph 1, sentence 2, who are not subject to self- regulation by the press code and the complaints code of the German Press Council, can join a voluntary self-regulation institution recognised according to paragraphs 4 to 8. Recognised voluntary self-regulation institutions check compliance with the obligations under paragraphs 1 and 2 of the providers connected to them. Pursuant to paragraph 4 subparagraph 4, they are required, under their rules of procedure, to immediately investigate complaints regarding their affiliated providers. (4) An institution is to be recognised as an institution of voluntary self-regulation within the meaning of paragraph 3 if 1. The independence and expertise of their designated examiners is guaranteed, taking into account representatives from social groups who deal with journalism issues in a special way, 2. Proper equipment is ensured, 3. There are requirements for the decisions of the examiners that are suitable in the practice of awarding to ensure compliance with the requirements of paragraphs 1 and 2, 4. There are rules of procedure that regulate the scope and procedure of the examination as well as possible sanctions and provide for the possibility of reviewing decisions, 5. It is ensured that the providers concerned are heard before a decision is made, the decision is justified in writing and communicated to the parties involved, 6. A complaints office has been set up and 7. The facility can be accessed by other providers. (5) The decision on recognition is made by the responsible state media authority. (6) The recognition can be revoked in whole or in part or provided with additional provisions if the prerequisites for the recognition have ceased to apply or the practice of the institution does not comply with the provisions of this State Treaty. No compensation shall be awarded for pecuniary losses as a result of the withdrawal of recognition. 29 (7) The recognised institutions of voluntary self-regulation should coordinate the application of paragraphs 1 and 2. 8) The responsible state media authority can object to decisions by a recognised voluntary self-regulatory body that exceed the limits of the assessment margin and request that they be annulled. If a recognised institution of voluntary self-regulation does not fulfil its tasks and duties, the responsible state media authority can request that they fulfil them. No compensation shall be awarded for any resultant pecuniary losses. § 20 Counter notification (1) Telemedia providers with journalistic-editorially designed offers, in which in particular complete or partial content of periodical print products are reproduced in text or image, are obliged to immediately reply to the person or body affected by a factual claim made in their offer without including costs for the person concerned in their offer without an additional access fee. The counter notification is to be offered in the same guise as the factual assertion, without involvement and omission. The counter notification must be offered as long as the factual claim is directly linked to it. If the factual claim is no longer offered or if the offer ends before the counter notification is received, the counter notification must be offered at a comparable point for as long as the factual claim was originally offered. A reply to the counter notification must be limited to factual information and must not be linked directly to the counter notification. (2) There is no obligation to start the counter notification pursuant to paragraph 1 if 1. The person concerned has no legitimate interest in the counter notification, 2. The scope of the counter notification goes unreasonably beyond that of the contested factual claim, 3. The counter notification is not limited to factual information or has criminal content, or 4. The counter notification is not received immediately, at the latest 6 weeks after the last day of the offer of the contested text, however in any case 3 months after the first 30 posting of the offer, to the provider used in writing and signed by the person concerned or their legal representative. (3) Ordinary legal recourse is given for the enforcement of the counter notification claim made in vain. The provisions of the Code of Civil Procedure regarding the procedure for issuing an injunction are to be applied accordingly to this procedure. A threat to the claim need not be made credible. The main proceedings do not take place. § 21 Accessibility Telemedia providers should support barrier-free access to television programmes and telemedia comparable to television within the scope of their technical and financial possibilities. § 22 Advertising, sponsorship, competitions (1) Advertising must be clearly recognisable as such and must be clearly separated from the other content of the offers. No subliminal techniques may be used in advertising. In the case of political, ideological or religious advertisements, the advertiser or client must be clearly indicated in an appropriate manner; § 10(1) sentence 2 applies accordingly. (2) For sponsorship of television text, § 10 applies accordingly. (3) For telemedia competitions according to paragraph 19 sentence 1, § 11 applies accordingly. § 23 Data processing for journalistic purposes, media privilege (1) Insofar as the state broadcasters affiliated to the ARD, ZDF, Deutschlandradio, private broadcasters or companies and auxiliary companies to the press as providers of telemedia process personal data for journalistic purposes, the persons concerned are prohibited from processing this personal data for other purposes (data secrecy). 31 These persons are obliged to maintain data secrecy when they start their work. This obligation also applies after the termination of their activities. Apart from Chapters I, VIII, X and XI of Regulation (EU) 2016/679, only § 5(1)(f) in conjunction with paragraph 2, § 24 and § 32 of the Regulation (EU) 2016/679 applies. §§ 82 and 83 of Regulation (EU) 2016/679 apply with the proviso that liability only applies to a breach of data secrecy in accordance with sentences 1 to 3 and for inadequate measures in accordance with § 5(1) (f), §§ 24 and 32 of Regulation (EU) 2016/679. Chapter VIII of Regulation (EU) 2016/679 does not apply insofar as companies, aid and associated companies in the press are subject to self-regulation through the press code and the complaints code of the German Press Council. Sentences 1 to 6 apply accordingly to the auxiliary and associated companies belonging to the positions mentioned in sentence 1. The data subjects are only entitled to the rights specified in paragraphs 2 and 3. (2) If personal data are stored, changed, transmitted, blocked or deleted by a provider of telemedia for journalistic purposes and if the data subject’s personal data are impaired by this, they can request information about the underlying data stored about them. The information can be refused after weighing up the protection-worthy interests of the parties involved. 1. The data can be used to draw conclusions about persons who are involved in the preparation, production or distribution, 2. Conclusions can be drawn from the data regarding the person of the sender or the guarantor of articles, documents and communications regarding the editorial aspect or 3. By communicating the researched or otherwise obtained data, the journalistic task of the provider would be impaired by researching the information stock. The data subject can request the immediate correction of incorrect personal data in the data record or the addition of an appropriate representation of a reasonable extent. The further storage of personal data is lawful if this is necessary for the exercise of the right to freedom of expression and information or for the protection of legitimate interests. Sentences 1 to 3 do not apply to offers from companies, aid and associated companies to the press, insofar as these are subject to self-regulation by the press code and the complaints regulations of the German Press Council. (3) If the journalistic processing of personal data leads to the dissemination of counter- notifications by the data subject or to declarations of commitment, resolutions or 32 judgements on the omission of the dissemination or revocation of the content of the data, then these counter-notifications, declarations of commitment and revocations regarding the stored data are to be kept with such for the same period of time as the data itself and when transmitting the data together with it. § 24 Telemedia Act, public bodies (1) For telemedia that are subject to the provisions of this State Treaty or the provisions of the other broadcasting state treaties of the federal states, the provisions of the Telemedia Act as amended apply. Paragraph 2 remains unaffected. (2) In addition to the above provisions, the provisions of the Telemedia Act in its currently applicable version apply accordingly to the public bodies of the federal states. (3) Supervision of compliance with the provisions of the Telemedia Act is governed by state law. § 25 Notification Amendments to this section are subject to the notification requirement in accordance with Directive 2015/1535 of the European Parliament and of the Council of 9 September 2015, laying down a procedure for the provision of information in the field of technical standards and of rules on Information Society services. III. Section Special provisions for public service broadcasting § 26 Task (1) The mission of the public service broadcasters is to act as a medium and factor in the process of free individual and public opinion formation by producing and disseminating their offers and thereby meeting the democratic, social and cultural 33 needs of society. In their offers, the public service broadcasters have to provide a comprehensive overview of international, European, national and regional events in all major areas of life. In this way, they should promote international understanding, European integration and social cohesion in the federal and state governments. Their offers are used for education, information, advice and entertainment. They have to offer contributions in particular to culture. Entertainment should also correspond to a public service profile. (2) When fulfilling their mandate, public service broadcasters must take into account the principles of objectivity and impartiality of reporting, the diversity of opinions and the balance of their offers. (3) The public service broadcasters work together to fulfil their mandate; they regulate the cooperation in public law contracts. (4) The public service broadcasters are also of service of general economic interest within the meaning of § 106(2) of the Treaty on the Functioning of the European Union (OJ C 202, 7.6.2016, p. 47) entrusted to the extent that they work together to fulfil their mandate in accordance with paragraph 1 in the production and distribution of offers within the meaning of § 27. The entrustment applies in particular to the areas of production, production standards, acquisition of programme rights, programme exchange, dissemination and retransmission of offers, procurement, broadcasting network operation, information technology and other infrastructures, standardisation of business processes, contribution service and general administration. The entrustment does not include commercial activities in accordance with § 40 paragraph 1 sentence 2. § 27 Offers (1) Offers of public service broadcasting are broadcast programmes (radio and television programmes) and telemedia offers in accordance with this State Treaty and the respective state law regulations. Public service broadcasting can offer printed works with program-related content to accompany the programme. (2) Broadcast programmes that are broadcast simultaneously via different transmission channels are counted as an offer in numbers. 34  § 28 TV programmes (1) The state broadcasters affiliated to ARD jointly organise the following television programmes: 1. The full programme ‘Erstes Deutsches Fernsehen (Das Erste)’, 2. Two programmes as additional offers in accordance with the concepts attached, namely the programmes a) ‘tagesschau24’ and b) ‘EinsFestival’. (2) The following television programmes from one or more regional broadcasters affiliated to ARD are organised in accordance with their respective state laws: 1. Third-party television programmes including regional interconnections, respectively a) Bayerische Rundfunk (BR), b) Hessische Rundfunk (HR), c) Mitteldeutscher Rundfunk (MDR), d) Norddeutscher Rundfunk (NDR), e) Radio Bremen (RB), f) Rundfunk Berlin-Brandenburg (RBB), g) Südwestrundfunk (SWR), h) Saarländischer Rundfunk (SR) and i) Westdeutscher Rundfunk (WDR), 35 2. the ‘ARD-alpha’ programme with a focus on education from Bavaria. (3) ZDF organises the following television programmes: 1. The full programme ‘Zweites Deutsches Fernsehen (ZDF)’, 2. Two programmes as additional offers in accordance with the concepts attached, namely the programmes a) ‘ZDFinfo’ and b) ‘ZDFneo’. (4) The state broadcasters affiliated to ARD and ZDF jointly organise the following television programmes: 1. The full programme ‘3sat’ with a cultural focus with the participation of European public broadcasters, 2. The full programme ‘arte — The European Cultural Channel’ with the participation of European public broadcasters, 3. The divisional programme ‘PHOENIX — the event and documentation channel’ and 4. The ‘KI.KA — The Children’s Channel’ programme. (5) The analogue distribution of a previously digitally distributed programme is not permitted. § 29 Radio programmes (1) The state broadcasters affiliated to ARD organise radio programmes individually or in groups for their respective coverage area on the basis of the respective state law; nationwide radio programmes do not take place. Radio programmes broadcast exclusively on the internet are only permitted in accordance with a procedure carried out in accordance with § 32. 36 (2) The total number of terrestrially broadcast radio programmes of the broadcasting corporations affiliated to ARD may not exceed the number of radio programmes broadcast terrestrially on 1 April 2004. The state law may provide that the respective state broadcaster also organises as many digital terrestrial radio programmes as it covers countries. The respective state law can provide that terrestrial radio programmes are exchanged for other terrestrial radio programmes, including a cooperation programme, if this does not result in additional costs and the total number of programmes does not increase. Cooperation programmes are counted as a programme of the participating institutions. Regional programmes are not affected. The exchange of a programme distributed in digital technology for a programme distributed in analogue technology is not permitted. (3) Deutschlandradio organises the following radio programmes with a focus on information, education and culture: 1. The ‘Deutschlandfunk’ programme, 2. The ‘Deutschlandfunk Kultur’ programme, 3. The ‘Deutschlandfunk Nova’ programme, which is widely used in digital technology, in accordance with the concept attached as an appendix, in particular using the options in accordance with § 5(2) of the Deutschlandradio State Treaty; the state broadcasters affiliated to ARD cooperate with Deutschlandradio, 4. Radio programmes broadcast exclusively on the internet with content from the programmes listed in numbers 1 to 3 in accordance with a procedure carried out in accordance with § 32. (4) The national broadcasting corporations affiliated to ARD and Deutschlandradio publish a list of the radio programmes organised by all of the stations in the official announcement sheets of the federal states annually, which happened for the first time on 1 January 2010. § 30 Telemedia offers (1) The regional broadcasters affiliated to ARD, ZDF and Deutschlandradio offer telemedia services in accordance with § 2(2)(29). 37 (2) The order according to paragraph 1 includes in particular 1. Broadcasts of their programmes on demand before and after their broadcast as well as independent audiovisual content, 2. Broadcasts of their programmes on demand from European works of purchased feature films and purchased episodes of television series that are not commissioned productions, up to 30 days after they are broadcast, with the possibility of access being limited to Germany, 3. Broadcasts of their programmes on demand of major events according to § 13(2) as well as games of the 1st and 2nd Football Bundesliga up to 7 days later, 4. Archives of contemporary and cultural history with informative, educational and cultural telemedia. Otherwise, offers in accordance with §§ 40 to 44 remain unaffected. (3) The contemporary design of the telemedia offers is intended to enable all population groups to participate in the information society, provide guidance, offer interactive communication options and promote the technical and content-related media literacy of all generations and minorities. This design of the telemedia offer should take special account of the needs of people with disabilities, in particular in the form of audio description, provision of manuscripts or telemedia in simple language. (4) The regional broadcasters affiliated to ARD, ZDF and Deutschlandradio should provide access to their offers in the most accessible electronic portals and summarise their programmes under electronic programme guides. Insofar as this is necessary to reach the target group for journalistic-editorial reasons, they can also offer telemedia outside of their own dedicated portal. The regional broadcasting corporations that are part of ARD, ZDF and Deutschlandradio should network their telemedia, which are suitable for journalistic and editorial reasons, in particular by providing links. They should also link to content that is offered by scientific and cultural institutions and that is suitable for telemedia offers for journalistic and editorial reasons. (5) The following are not permitted in telemedia offers: 1. Advertising with the exception of product placement, 38 2. The offer to call up purchased feature films and purchased episodes of television series that are not commissioned productions with the exception of the European works mentioned in paragraph 2 sentence 1 number 2, 3. Comprehensive local reporting, 4. The types of offers listed in the annex to this State Treaty. §§ 8(7) and (38) apply accordingly to product placement in accordance with sentence 1 subparagraph 1. (6) If telemedia is broadcast by the regional broadcasting corporations affiliated to ARD, ZDF or Deutschlandradio outside of their own portal, they should ensure compliance with paragraph 5 subparagraph 1. By using this distribution channel, they must not generate any income from advertising and sponsorship. (7) The telemedia offers must not be similar to the press. The focus must be on moving images or sound, and focus not on text. Offers of overviews, headlines, broadcast transcripts, information about the respective broadcaster and measures for the purpose of accessibility remain unaffected. Also unaffected are telemedia, which serve the preparation of content from a specific programme including background information, as far as materials and sources used for the respective programme are used and these offers support, accompany and update the programme in terms of content, with the temporal and content-related reference must be identified for a particular programme in the respective telemedia offer. In the case of telemedia in accordance with sentence 4, the incorporation of moving images or sound should also take place if possible. An arbitration board is to be set up by public service broadcasters and the umbrella organisations of the press in order to enforce sentences 1 to 5. § 31 Statutes, guidelines, reporting obligations (1) The regional broadcasting corporations affiliated to ARD, ZDF and Deutschlandradio each issue statutes or guidelines for the more detailed implementation of their respective orders as well as for the procedure for creating concepts for telemedia offers and the procedure for new telemedia offers or significant 39 changes. The statutes or guidelines also contain regulations to ensure the independence of the committee decisions. The statutes or guidelines are to be published on the internet presence of the regional broadcasting corporations affiliated to ARD, ZDF or Deutschlandradio. (2) The regional broadcasting corporations, ARD, ZDF and the Deutschlandradio publish a report every 2 years on the fulfilment of their respective mandate, on the quality and quantity of the existing offers as well as the focal points of the planned offers. (3) The business reports of the regional broadcasting corporations, ZDF and Deutschlandradio, which also form part of ARD, must also show the scope of the productions with independent production companies that are dependent on these under company law. It must also be shown in what way the declaration of protocol of all countries to §§ 11d(2) of the Interstate Broadcasting Treaty within the framework of the 22nd Broadcasting State Treaty is taken into account. § 32 Telemedia concepts (1) The ARD, ZDF and Deutschlandradio combine the content of their planned telemedia services according to § 30 in each case in terms of telemedia concepts, the target group, content, orientation, length of stay, the use of internet-specific design tools and measures to comply with § 30(7) sentence 1 in more detail. Offer-dependent differentiated time limits for the length of stay are to be carried out with the exception of the archives pursuant to § 30(2) sentence 1 subparagraph 4, which are permissible indefinitely. If telemedia should also be offered outside of their own portal, this must be justified. The measures provided to take account of the protection of minors in the media, data protection and § 30(6) sentence 1 must be described. (2) The description of all telemedia offers must enable KEF to review the financial requirements. (3) The state broadcasting corporations, ARD, ZDF and the Deutschlandradio, in the statutes or guidelines, agree on criteria in which cases there is a new or significant change to a telemedia offer that has to be checked in accordance with the following procedure in paragraphs 4 to 7. A significant change exists in particular if the overall content of the telemedia offer or the target group is changed. In the event of significant 40 changes, the procedure in paragraphs 4 to 7 relates solely to the deviations from the previously published telemedia concepts. (4) If a new telemedia offer according to paragraph 1 or the substantial change of an existing telemedia offer according to paragraph 3 is planned, the broadcaster must demonstrate to its responsible body that the planned new telemedia offer or the essential change is included in the order. Statements have to be made regarding the following: 1. To what extent does the new telemedia offer or the major change meet the democratic, social and cultural needs of society? 2. To what extent the new telemedia offer or the significant change will contribute to the competition in terms of quality? And 3. What financial effort is required for the new telemedia offer or the essential change? The quantity and quality of the freely accessible telemedia offers available, the effects on all relevant markets of the planned new telemedia offer or the major change, and their opinion-forming function in view of the already available comparable freely accessible telemedia offerings, including public service broadcasting, must be taken into account. (5) Before the start of a new telemedia offer or a significant change by the responsible committee, third parties must be given the opportunity to comment on the requirements of paragraph 4 in a suitable manner, in particular on the internet. The opportunity to comment is given within a period of at least 6 weeks after publication of the project. The responsible body of the broadcaster has to check the comments received. The responsible body can commission expert advice from independent experts at the expense of the respective broadcaster for the decision-making process; expert advice should be consulted on the effects on all relevant markets. The name of the assessor must be announced. The assessor can obtain further information and statements; statements can be sent directly to them. (6) The decision whether the inclusion of a new telemedia offer or a significant change meets the requirements of paragraph 4 requires a majority of two thirds of the members present, at least a majority of the legal members of the responsible body. The decision must be justified. In the reasons for the decision, taking into account the comments received and the expert opinions obtained, it must be stated whether the new telemedia 41 offer or the significant change is included in the order. The respective broadcaster must publish the results of its review, including the expert opinions obtained while maintaining business secrets, in the same way as the publication of the project. (7) Before the publication, the authority responsible for legal supervision must be provided with all information and documents necessary for a legal supervisory review. After completion of the procedure in accordance with paragraphs 5 and 6 and after examination by the authority responsible for legal supervision, the description of the new telemedia offer or the significant change in the internet presence of the regional broadcasters affiliated to ARD, ZDF or Deutschlandradio must be published. In the official announcements of the countries concerned, reference should also be made to the publication on the website of the respective broadcaster. § 33 Provision for young people (1) The state broadcasting corporations affiliated to ARD and ZDF jointly offer a youth service that includes radio and telemedia. The content of the youth programme should focus on the realities of life and the interests of young people as a target group and thus make a special contribution to fulfilling the public service mandate pursuant to § 26. For this purpose, the state broadcasting corporations affiliated to ARD and ZDF, in particular, should produce or have independent audiovisual content produced for the youth programme and acquire rights of use for content for the provision for young people. The provision for young people should have journalistic-editorially induced and journalistic-editorially designed interactive forms of offer and offer content that the users themselves make available. (2) In order to meet the democratic, social and cultural needs of the target group, the provision for young people must be designed and disseminated dynamically and openly in terms of content and technology. This should also be contributed by target group-orientated interactive communication with the users and by constant opportunities for their participation. (3) Other offers of the state broadcasting corporations affiliated to ARD and ZDF in accordance with this State Treaty should be networked with the provision for young people in terms of content and technology. If an independent content of the provision for young people is also used in another offer of the state broadcasting corporations 42 affiliated to ARD or ZDF, the stipulations of this State Treaty, including a possible telemedia concept, apply to the other offer. (4) The length of stay of the contents of the provision for young people is to be measured by ARD and ZDF, which combine the realities of life and the interests of young people and meet the democratic, social and cultural needs of the generations belonging to the target group. The principles of the measurement of the length of stay are to be checked regularly by the state broadcasting corporations affiliated to ARD and ZDF. The length of time for purchased films and purchased episodes of television series that are not commissioned productions must be limited in time. (5) Advertising with the exception of product placement in accordance with §§ 8(7) and (38), area-wide local reporting, press-related offers not related to the provision for young people, an independent radio programme and the forms of offer mentioned for the provision for young people in the appendix to this State Treaty are not allowed within the provision for young people. If it is necessary to reach the target group for journalistic and editorial reasons, it is necessary to distribute the youth services outside the own portal set up by the state broadcasting corporations that are affiliated to ARD and ZDF for the provision for young people, the state broadcasters that are affiliated to ARD and ZDF should comply with the conditions of the sentence 1 with due diligence. You have to issue corresponding guidelines for this distribution method, in particular regarding the specification of youth media protection and data protection. The provision for young people may not be broadcast via radio frequencies (cable, satellite, terrestrial). (6) The state broadcasters affiliated to ARD and ZDF have to describe together in relation to the provision for young people in the report to be published according to § 31(2) in particular: 1. The special contribution of the provision for young people to the fulfilment of the public service mandate, 2. Reaching the target group, target group-orientated communication as well as the constant possibilities of participation of the target group, 3. The result of the examination of the length of stay in accordance with paragraph 4, 4. The use of the distribution channel outside of the own portal set up for the provision for young people according to paragraph 5 sentences 2 and 3, 43 5. The respective share of the content produced in Germany and Europe for the provision for young people and 6. The respective share of in-house productions, commissioned productions and acquired rights of use for purchased feature films and purchased episodes of television series for the provision for young people. § 34 Functional financial resources, principle of financial equalisation (1) The financial resources must enable public service broadcasting to carry out its constitutional and legal duties; in particular, it must guarantee the existence and development of public service broadcasting. (2) The financial equalisation among the state broadcasters is part of ARD financing system; in particular, it ensures that the Saarland Broadcasting and Radio Bremen broadcasters perform their functions in a manner that is in line with their functions. The scope of the financial equalisation measures and their adjustment to the broadcasting contribution are based on the State Broadcasting Financing Treaty. § 35 Financing Public service broadcasting is financed by broadcasting contributions, income from broadcast advertising and other income; the primary source of funding is the broadcasting fee. Programmes and offers within the scope of their order for a special fee are not permitted; accompanying materials are excluded from this. Revenue from the offer of value added telephone services may not be generated. § 36 Finance requirements for public television broadcasters (1) The financial requirements of public service broadcasting are regularly examined and determined in accordance with the principles of efficiency and economy, including the associated rationalisation potential, on the basis of registrations of needs by the 44 regional broadcasting corporations affiliated to ARD, ZDF and the public corporation ‘Deutschlandradio’ the independent commission for the review and determination of the financial needs of the broadcasters (KEF). (2) The review and determination of the financial requirements are to be used in particular 1. The competitive continuation of the existing radio programmes as well as the television programmes permitted by State Treaty of all countries (inventory-related needs), 2. New radio programmes permitted under state law, participation in the new radio technology options in the production and distribution of radio programmes and the possibility of organising new forms of radio (development needs), 3. The general development of costs and the particular development of costs in the media sector, 4. The development of premium income, advertising income and other income, 5. The investment, interest and intended use of the surpluses that arise as a result of the fact that the total annual income of the regional broadcasting corporations affiliated to ARD, ZDF or Deutschlandradio exceeds the total expenditure for the fulfilment of their order. (3) A high degree of objectivity should be achieved in the review and determination of the financial needs. (4) The contribution is determined by the State Treaty. § 37 Court of Auditors reporting The Court of Auditors responsible for carrying out the audit notifies the results of the audit by a state broadcaster, ZDF or Deutschlandradio, including their associated companies, to the relevant director, the relevant supervisory bodies of the broadcaster and the management of the audited associated company, as well as KEF. It gives the director of the respective broadcaster and the management of the associated company 45 the opportunity to comment on the result of the examination and takes the comments into account. The competent Court of Auditors shall then notify the Landtag and the state governments of the countries that hold the broadcaster and the KEF of the final report drawn up on this basis and then publish it. In doing so, the Court of Auditors has to ensure that the competitiveness of the audited associated company is not impaired and that trade and business secrets in particular are preserved. § 38 Permitted product placement In addition to the requirements in accordance with § 8(7) sentence 2, product placement in cinema films, films and series, sports programmes and light entertainment programmes is only permitted if: 1. These were not produced or commissioned by the organiser themselves or by a company associated with the organiser, or 2. No payment is made, but only certain goods or services, such as production aids and prices, are provided free of charge with a view to their inclusion in a shipment. In particular, programmes that do not provide light entertainment are programmes that, in addition to entertaining elements, are essentially of an informative nature and advisory programmes with entertainment elements. § 39 Duration of radio advertising, sponsorship (1) The total duration of radio advertising in ARD’s first television programme and in the ‘Zweites Deutsches Fernsehen’ programme is a maximum of 20 minutes each working day on an annual average. Broadcast times with product placements and sponsorship information are not counted towards the permitted advertising times. Advertising time that is not fully used can be made up to a maximum of 5 minutes on working days. Advertising programmes may not be broadcast after 8 p.m. as well as on Sundays and public holidays recognised throughout Germany. § 46 remains unaffected. 46 (2) Radio advertising does not take place in other ARD and ZDF television programmes or in third television programmes. (3) On television, the duration of spot advertising within a period of 1 hour must not exceed 20 per cent. (4) Notices by the broadcasters on their own programmes and on accompanying materials that are derived directly from these programmes, free contributions to the public service, including calls for donations for welfare purposes, as well as legal notices do not count as advertising. (5) The federal states are entitled to grant the state broadcasters up to 90 minutes of work on average every year on radio; A time scope of the radio advertising and its daytime limit which differed in the countries on 1 January 1987 can be maintained. (6) Sponsoring does not take place after 8 p.m. and on Sundays and public holidays recognised throughout Germany; this does not apply to the sponsorship of the transmission of major events in accordance with § 13(2). § 40 Commercial activities (1) The regional broadcasting corporations affiliated to ARD, ZDF and Deutschlandradio are authorised to carry out commercial activities. Commercial activities are activities in which services are also offered to third parties in competition, in particular advertising and sponsorship, marketing activities, merchandising, production for third parties and the leasing of transmitter locations to third parties. These activities may only be performed under market conditions. The commercial activities are to be performed by legally independent subsidiaries. If the market relevance is low, commercial activity can be performed by the broadcaster itself; in this case, separate accounts must be kept. The regional broadcasters affiliated to ARD, ZDF and the Deutschlandradio have to behave in accordance with the market in their relationships with their commercially active subsidiaries and have to comply with the corresponding conditions, as in the case of a commercial activity. (2) The areas of activity must be approved by the responsible bodies of the broadcasting companies before commencing work. The examination includes the following points: 47 1. The description of the activity in terms of type and scope, which justifies compliance with the market-conforming conditions (market conformity) including an external comparison, 2. Comparison with offers from private competitors, 3. Requirements for separate accounting and 4. Requirements for efficient control. § 41 Participation in companies (1) The Landesrundfunkanstalten, ZDF and Deutschlandradio, combined in ARD, may directly or indirectly participate in a company that has a commercial or other economic purpose if 1. This is factually related to their statutory duties, 2. The company has the legal form of a legal entity and 3. The company’s articles of association or articles of association provide for a supervisory board or a corresponding body. The requirements of sentence 1 do not have to be met if the participation is only received temporarily and serves direct programme purposes. (2) In the case of associated companies, the broadcasting companies must ensure that they have the necessary influence on the management of the company, in particular adequate representation on the supervisory board. An audit of the operation of the institutions at the company in compliance with commercial principles by an auditor is mandatory. (3) Paragraphs 1 and 2 apply mutatis mutandis to legal entities under private law, which are founded by the broadcasters and whose shares are exclusively in their hands. 48 (4) Paragraphs 1 and 2 apply mutatis mutandis to holdings by broadcasters in non- profit broadcasting companies and pension funds. § 42 Control of participation in companies (1) The regional broadcasters affiliated to ARD, ZDF and the Deutschlandradio have to set up effective controlling over their participations according to § 41. The director has to regularly inform the relevant supervisory body of the broadcaster about the essential processes in the associated companies, in particular about their financial development. (2) The director has to submit an annual participation report to the responsible supervisory body. This report includes the following areas: 1. The presentation of all direct and indirect participations and their economic importance for the broadcaster, 2. The separate presentation of the participations with commercial activities and proof of compliance with the state contract requirements for commercial activities and 3. The representation of the control of the participations, including events of particular importance. The report is to be sent to the respective responsible Court of Auditors and the legal supervisory state government. (3) The auditors responsible for ARD regional broadcasting corporations, ZDF and Deutschlandradio examine the economic management of those companies under private law in which the institutions directly, indirectly, also together with other institutions or bodies under public law, hold a majority and whose social contract or articles of association provide for these audits by the Court of Auditors. The institutions are obliged to ensure that the necessary regulations are included in the articles of association or the company’s articles of association. (4) If several auditors are responsible for the audit, they can delegate the audit to one of these auditors. 49  § 43 Control of commercial activities (1) In the case of majority shareholdings within the meaning of § 42(3) of the state broadcasters affiliated to ARD, ZDF and Deutschlandradio, or in the case of companies in which the responsible auditors have the right to audit, the broadcasters are additionally obliged to the generally existing audit rights of the Court of Auditors to ensure that the associated companies only appoint the annual auditor in agreement with the responsible Court of Auditors. The broadcasters are responsible for ensuring that the associated company also has the auditor examine the market conformity of its commercial activities on the basis of additional questions to be determined by the respective responsible Court of Auditors, and authorises the auditors to examine the result of the audit together with the final report to the responsible Court of Auditors. These questions are determined by the auditor responsible for the audit and include, in particular, evidence of compliance with the state contract requirements for commercial activities. The broadcasters are obliged to ensure that the necessary regulations are included in the articles of association or the company’s statutes. The auditors test the annual financial statements of the associated companies and report to the responsible Court of Auditors with regard to the questions mentioned in sentences 2 and 3. They communicate the result and the final report to the responsible Court of Auditors. The responsible Court of Auditors evaluate the audit and can take auditing measures at the associated companies in each individual case. The respective associated companies bear the additional costs arising from the additional tests. (2) In the case of commercial activities with low market relevance in accordance with § 40(1) sentence 5, the broadcasting corporations are obliged, at the request of the competent audit office, to ensure that a procedure corresponding to paragraph 1, sentences 2, 3 and 5 to 8 is carried out. If infringements of the provisions on market conformity are found during audits by associated companies or the broadcasters themselves, § 37 applies to the notification of the result. § 44 Liability for participation in commercially active companies The ARD regional broadcasting corporations, ZDF and Deutschlandradio are not liable for commercially active associated companies. 50  § 45 Guidelines The state broadcasting corporations affiliated to ARD and ZDF issue guidelines for the implementation of §§ 8 to 11, 38 and 39. In the guideline to § 11 in particular the conditions for the participation of minors are to be specified. The state broadcasting corporations that are part of ARD and ZDF establish the behaviour with the state media authorities and conduct a common exchange of experience in the application of these guidelines. In the guideline to § 8(7) and § 38 it is to be determined in more detail under which conditions, in which formats and to what extent free product placement can take place, how the independence of producers and editorial offices is ensured and an undue exposure of the product is avoided. Sentences 1 to 4 apply accordingly to the guidelines of Deutschlandradio for the implementation of §§ 8, 11 and 38. § 46 Change of advertising The federal states can agree on changes in the total duration of advertising, the time of day limitation of advertising and its limitation to working days in public service broadcasting. § 47 Exclusion from teleshopping With the exception of teleshopping spots, teleshopping does not take place on public service broadcasting. § 48 Supply contract The state broadcasters, ZDF and the Deutschlandradio, which are united in ARD, can fulfil their legal mandate by using suitable transmission channels. When selecting the transmission path, the principles of efficiency and economy must be observed. The analogue distribution of a previously digitally distributed programme is not permitted. 51  § 49 Publication of complaints The responsible supervisory bodies of ARD, ZDF and Deutschlandradio, which are affiliated to ARD, can require the director to publish complaints by the committees in the programme in the event of legal violations. Section IV Special provisions for private broadcasting 1. Subsection Scope of application, programme principles § 50 Scope of application §§ 51, 53 to 68 only apply to nationwide offers. §§ 52 to 55(1) and § 58 also apply to teleshopping channels. A different regulation by state law is not permitted. The decisions of the KEK are to be based on the allocation of transmission capacities according to this State Treaty and by the responsible state media authority also when deciding on the allocation of transmission capacities according to state law. § 51 Programming principles (1) The constitutional order applies to broadcast programmes. The radio programmes have to respect human dignity as well as the moral, religious and ideological beliefs of others. They should promote togetherness in a united Germany as well as international understanding and work towards non-discriminatory cooperation. The provisions of the general laws and the legal regulations for the protection of personal honour are to be observed. 52 (2) The full broadcast programmes should contribute to the representation of diversity in the German-speaking and European area with an appropriate amount of information, culture and education; the possibility of offering sector programmes remains unaffected. Subsection 2 Approval § 52 Approval (1) Private broadcasters require a licence to organise radio programmes. § 54 remains unaffected. The approval of a broadcaster on a non-nationwide basis is based on state law. §§ 52 to 58 apply to the approval of an organiser of nationwide broadcasting; otherwise, state law applies. (2) The approval of a television broadcaster can be refused or revoked if 1. The broadcaster’s programme is aimed in whole or in part at the population of another country that has ratified the European Convention on Transfrontier Television and 2. The organiser has settled in the Federal Republic of Germany for the purpose of circumventing the provisions of the other state and 3. The provisions of the other country which the broadcaster intends to circumvent are the subject of the European Convention on Transfrontier Television. Instead of refusing or revoking the approval, this can also be provided with additional provisions, insofar as this is sufficient to exclude the circumvention according to sentence 1. § 53 Granting approval for broadcasters operating nationwide (1) Authorisation may only be granted to an individual or legal entity who: 53 1. Has unlimited legal capacity, 2. Has not lost the ability to hold public office through a judge’s decision, 3. Has not forfeited the fundamental right to freedom of expression in accordance with § 18 of the Basic Law, 4. Is not prohibited as an association, 5. Is resident or domiciled in the Federal Republic of Germany, another Member State of the European Union or another state party to the Agreement on the European Economic Area and can be prosecuted, 6. Offers the guarantee that it will broadcast in compliance with the statutory provisions and the administrative acts adopted on this basis. (2) The legal or statutory representatives must meet the requirements set out in paragraph 1 numbers 1 to 3 and 6 for legal entities. An organiser in the legal form of a stock corporation may only be granted an approval if the articles of association of the stock corporation stipulate that the shares may only be issued as registered shares or as registered shares and non-voting preference shares. (3) Approval may not be granted to legal entities under public law with the exception of churches and universities, to their legal representatives and senior officials, as well as to political parties and voter associations. The same applies to companies that are in the relationship of an affiliated company within the meaning of § 15 of the German Stock Corporation Act to those named in sentence 1. Sentences 1 and 2 apply accordingly to foreign public or government agencies. § 54 Licence-free radio programmes (1) No notification required 1. Radio programmes that are of little importance for individual and public opinion formation, 54 2. Broadcasting programmes that will reach fewer than 20 000 simultaneous users on average over 6 months or will reach their predicted development. The responsible state media authority confirms the freedom of approval upon request by means of a certificate of non-objection. (2) The state media authorities regulate the details of the freedom of approval according to paragraph 1 by statute. (3) Radio programmes broadcast exclusively on the internet prior to the (date of entry into force of the Amendment State Treaty) are deemed to be approved programmes in accordance with § 52. (4) The provisions of §§ 15, 57 and 68 do not apply to radio programmes that are not subject to approval. § 53 applies with the exception of paragraph 1 number 1. The responsible state media authority may require organisers within the meaning of paragraph 1 to provide the information and documents specified in §§ 55 and 56. § 55 Principles for the approval procedure (1) In the application for approval, the name and address of the applicant, programme content, programme category (full or divisional program), programme duration, transmission technology and planned distribution area must be specified. (2) If necessary, the responsible state media authority must request information and the submission of further documents, which in particular extend to 1. A description of the direct and indirect participations within the meaning of § 62 in the applicant as well as the capital and voting rights relationships with the applicant and the companies associated with him within the meaning of the German Stock Corporation Act, 2. Information about relatives within the meaning of § 15 of the Tax Code among the parties pursuant to number 1, the same applies to representatives of the person or partnership or the member of a body of a legal entity, 3. The articles of association and the statutory provisions of the applicant, 55 4. Agreements that exist between those directly or indirectly involved in the applicant within the meaning of § 62 and relate to the joint organisation of broadcasting as well as to trust relationships and significant relationships in accordance with §§ 60 and 62, 5. A written declaration from the applicant that the documents and information submitted in accordance with numbers 1 to 4 are complete. (3) If a circumstance which relates to processes outside of the scope of application of this State Treaty is significant for the inspection in the licensing procedure, the applicant shall clarify the said circumstance and procure the documentary evidence required. They shall make use of all legal and actual possibilities open to them in doing so. The applicant may not appeal that he cannot clarify circumstances or procure documentary evidence if he could have done so in planning his means to do so based on the situation of the case. (4) The obligations under paragraphs 1 to 3 apply to individuals and legal entities or partnerships that directly or indirectly participate in the applicant within the meaning of § 62 or are related to them in an affiliated company or other influences within the meaning of § 60 and 62. (5) If a person who is obliged to provide information or to submit does not meet his cooperation obligations under paragraphs 1 to 4 within a period determined by the responsible state media authority, the application for approval can be rejected. (6) Those subject to information and submission within the scope of the approval procedure are obliged to immediately notify the relevant state media authority of any change in the relevant circumstances after the application has been submitted or after approval has been granted. Paragraphs 1 to 5 shall not apply. § 63 remains unaffected. (7) Without prejudice to any other notification obligations, the organiser and those directly or indirectly involved within the meaning of § 62 are obliged to give the responsible state media authority a declaration to the competent state media authority immediately after the end of a calendar year as to whether and to what extent within the past calendar year a change has occurred in the relevant participation and attribution criteria in accordance with § 62. 56  § 56 Right to information and investigative powers (1) The responsible state media authority can carry out all investigations and collect all evidence that is necessary to fulfil its tasks arising from §§ 60 to 67, 122. It uses the evidence that it deems necessary to determine the facts at its reasonable discretion. In particular, it may: 1. Obtain information, 2. Listen to parties within the meaning of § 13 of the Administrative Procedures Act, hear witnesses and experts or obtain written statements from parties, experts and witnesses, 3. Include documents and files, 4. Inspect such. People other than those involved should only be consulted if the factual clarification does not lead to the goal or does not promise success. (2) There is an obligation for witnesses and experts to testify or to provide expert reports. The provisions of the Code of Civil Procedure regarding the obligation to testify as a witness or to provide an expert opinion, the refusal of experts and the questioning of members of the public service as witnesses or experts apply accordingly. Compensation for witnesses and experts is applied in accordance with the Judicial Remuneration and Compensation Act. (3) In order to demonstrate the completeness and correctness of the information, the responsible state media authority may require the submission of an affidavit from those who are obliged to provide information and submit a report in accordance with § 55(1) and 4. An affidavit should only be requested if other means of researching the truth are not available, have not led to a result or require disproportionate effort. (4) The persons entrusted by the responsible state media authority with the execution of the tasks arising from §§ 60 to 67 and § 122 may during normal business and working hours enter the business premises and property of § 55(1), (3) and (4) of the persons and partnerships mentioned and view and check the documents mentioned in 57 paragraph 5 below. The basic right is thus restricted by § 13 of the Basic Law [Grundgesetz]. (5) The persons or partnerships named in § 55(1), (3) and (4) have to provide records, books, business papers and other documents on request, which can be significant for the application of §§ 60 to 67 and § 122, must provide information and auxiliary services otherwise required to carry out the measures under paragraph 4. Precautions that hinder or complicate the measures are not permitted. (6) The obligated party may refuse to provide information in relation to those questions where a statement would expose them, or a relative named in § 383(1)(1) to (3) of the German Code of Civil Procedure, to the risk of prosecution under criminal law or a procedure under the Regulatory Offences Act. (7) Searches may only be carried out on the basis of an order from the magistrate in whose district the search is to take place. In the event of imminent danger, the persons referred to in paragraph 4 can carry out the necessary searches without a court order during business hours. An on the spot, record of the reason, time and place of the search and its essential result is to be noted down, from which, if no judicial order has been issued, the facts that lead to the assumption of a risk of default also result from such. (8) The owner of the rooms to be searched may attend the search. If they are absent, their representative or another witness should be present. Upon request, the owner of the searched rooms or their representative must be given a copy of the minutes mentioned in paragraph 7 sentence 3. § 57 Obligation to publish and other submission obligations (1) Regardless of their legal form, each organiser must prepare and publish an annual financial statement including an appendix and a management report no later than the end of the 9th month following the end of the financial year, in accordance with the provisions of the Commercial Code that apply to large corporations. Sentence 1 applies accordingly to those directly involved in the organiser, to whom the organiser’s programme pursuant to § 62(1) sentence 1, and indirectly involved to whom the programme is to be attributed according to § 62(1) sentence 2. 58 (2) Within the same period, the organiser must submit a list of the sources of the programme for the reporting period to the responsible state media agency. § 58 Confidentiality Beyond the scope of Directive (EU) 2016/679, information on the personal and factual circumstances of a natural person or legal entity or a partnership company as well as industrial or business secrets which become known to the competent authorities and bodies and civil servants thereof or to third parties commissioned and entrusted in the scope of fulfilling their tasks, or otherwise become known, may not be disclosed without authorisation. 3. Subsection Securing diversity of opinion § 59 Diversity of opinion, regional windows (1) In terms of content, the diversity of opinions is essentially to be expressed in private broadcasting. The significant political, ideological and social forces and groups must have their say in the full programmes; Minority views should be taken into account. The possibility of offering sector programmes is not affected by this. (2) A single programme must not have a major imbalance in the formation of public opinion. (3) As part of the approval process, the State Media Authority should work to ensure that interested parties with cultural programme contributions are also involved in the organisation of such. There is no legal entitlement to participation. (4) In the two nationwide most broadly broadcast full television programmes, at least in the temporally and regionally differentiated scope of the programme activities as of 1 July 2002, window programmes are to reflect the current and authentic representation of the events of political, economic, social and cultural life in the respective state. The main programme organiser has to ensure organisationally that 59 the editorial independence of the window programme organiser is guaranteed. The window programme organiser is to be given a separate approval. Window programme organisers and main programme organisers should not be related to one another in an affiliated company in accordance with § 62, unless existing regional law regulations as of 31 December 2009 ensure independence in another way. Registrations existing as of 31 December 2009 remain unaffected. An extension is permitted. The financing by the main programme organiser must also be ensured via the organisation of the window programmes. The state media authorities coordinate the organisation of the window programmes in terms of time and technology, taking into account the interests of the organisers concerned. § 60 Securing diversity of opinion on television (1) A company (natural or legal person or association of persons) may broadcast an unlimited number of programmes nationwide on television in the Federal Republic of Germany itself or through companies attributable to it, unless it gains dominant opinion in accordance with the following provisions. (2) If the programmes attributable to a company reaches an audience share of 30 per cent on average over a year, it is assumed that there is a predominant opinion. The same applies to a slight drop in the audience share, provided that the company has a dominant position in a media-related market or an overall assessment of its activities on television and in media-related markets shows that the influence of opinion thereby achieved is that of a company with an audience share corresponding to 30 per cent of a television audience share. (3) If a company has gained a predominant opinion with the programmes attributable to it, no approval may be granted for other programmes attributable to this company or the acquisition of further attributable participations in organisers must not be confirmed as harmless. (4) If a company has gained a predominant opinion with the programmes attributable to it, the responsible state media agency proposes to the company the following measures for determining the concentration in the media area (KEK, § 106 paragraph 2 sentence 1 subparagraph 3): 60 1. The company can give them attributable participations in organisers until the attributable audience share of the company thereby falls below the limit according to paragraph 2 sentence 1, or 2. In the case of paragraph 2 sentence 2, it can reduce its market position in media- related markets or give up attributable participations in organisers until there is no longer a predominant opinion under paragraph 2 sentence 2, or 3. It can take measures to ensure diversity within the meaning of §§ 64 to 66 with the organisers attributable to it. The KEK discusses the possible measures with the company with the aim of bringing about an amicable settlement. If no agreement can be reached or if the measures mutually agreed between the company and the KEK are not carried out within a reasonable period of time, the responsible state media agency, after the KEK has determined such, must revoke the approvals of so many programmes attributable to the company until a prevailing opinion the company is clearer. The KEK makes the selection taking into account the particularities of the individual case. No compensation shall be awarded for pecuniary losses as a result of the withdrawal of approval. (5) If an organiser with a full programme or a speciality programme with a focus on information reaches an audience share of 10 per cent on average within 1 year, they must allow airtime time for independent third parties within 6 months of the determination and notification by the responsible state media authority in accordance with § 65. If the organiser does not take the necessary measures, the responsible state media agency must revoke the approval after it has been determined by the KEK. Paragraph 4 sentence 5 applies accordingly. (6) The state media outlets jointly publish a report by the KEK every 3 years or at the request of the federal states on the development of concentration and on measures to ensure diversity of opinion in private broadcasting, taking into account 1. Interconnections between television and media-related related markets, 2. Horizontal links between broadcasters in different distribution areas and 3. International media ties. 61 The report is also intended to comment on the application of §§ 60 to 66 and any necessary changes to these provisions. (7) The state media authorities publish a programme list to be drawn up by the KEK on an annual basis. All programmes, their organisers and their participants must be included in the programme list. § 61 Determination of audience shares (1) The state media authorities use the KEK to determine the viewer share of the respective programmes, including all German-language programmes of public service broadcasting and private broadcasting available nationwide. What is decisive is the viewer share of the programmes to be included, which was achieved on average over the past 12 months when the procedure was initiated. (2) In accordance with a decision by the KEK, the state media authorities may commission a company to determine the audience shares; the contract is awarded based on the principles of efficiency and economy based on a tender. Based on representative surveys of viewers from the age of three, the determination must be carried out using generally recognised scientific methods. The state media authorities should agree with the company that the data collected on the basis of the determination of the audience share according to paragraph 1 sentence 1 can also be used contractually by third parties. In this case, the costs incurred by the state media authorities must be reduced accordingly. (3) The organisers are obliged to participate in determining the audience share. If an organiser does not meet their obligation to cooperate, the approval can be revoked. § 62 Attribution of programmes (1) All programmes are to be assigned to a company, which it organises itself or which are organised by another company in which it directly participates with 25% or more of the capital or voting rights. It also includes all programmes of companies in which it has an indirect stake, provided that these companies have a relationship with him as an affiliate within the meaning of § 15 of the German Stock Corporation Act and these 62 companies have 25% or more of the capital or voting rights of an organiser involved. The companies affiliated within the meaning of sentences 1 and 2 are to be regarded as single companies and their shares in capital or voting rights are to be combined. If several companies cooperate on the basis of an agreement or in any other way in such a way that they can jointly exercise a controlling influence on a participating company, each of them is considered to be the dominant company. (2) A participation according to paragraph 1 is equivalent if a company alone or together with others can exert a comparable influence on an organiser. A comparable influence also applies if a company or a company that is already attributable to it for other reasons in accordance with paragraph 1 or paragraph 2 sentence 1 1. Regularly organises a substantial part of the airtime of an organiser with programme parts supplied by it or 2. On the basis of contractual agreements, statutory provisions or in any other way holds a position that makes essential decisions of an organiser regarding programme design, programme purchasing or programme production dependent on their consent. (3) Companies that have their registered office outside the scope of this State Treaty are also to be included in the attribution in accordance with paragraphs 1 and 2. (4) Existing family relationships must also be taken into account when examining and evaluating comparable influences on an organiser. The principles of commercial and tax law apply in this regard. § 63 Change in ownership structure Any planned change in ownership structure or other influences must be notified in writing to the responsible state media authority before it is implemented. The organiser and those directly or indirectly involved in the organiser within the meaning of § 62 are required to register. The changes may only be confirmed to be innocuous by the competent authority if it would be possible to issue a licence under the altered conditions. If a planned change is made that cannot be confirmed as harmless according to sentence 3, the approval must be revoked. § 110 applies to the revocation. For minor changes in shareholdings or other influences, the KEK can provide guidelines for exceptions to the notification requirement. 63  § 64 Diversity measures If the aforementioned regulations are based on measures to ensure diversity at an organiser or company, the following are considered to be such measures: 1. The granting of airtime for independent third parties (§ 65), 2. The establishment of a programme advisory board (§ 66). § 65 Airtime for independent third parties (1) A window programme which is broadcast on the basis of the obligation to grant airtime in accordance with the above provisions must, while preserving the programme autonomy of the main broadcaster, makes an additional contribution to the diversity of its programming, particularly in the areas of culture, education and information. The window programme must be designed independently of the main programme. (2) The duration of the window programme must be at least 260 minutes per week, of which at least 75 minutes must be during airtime from 7 p.m. to 11.30 p.m. Regional window programmes of up to a maximum of 150 minutes per week with a maximum of 80 minutes per week are counted towards the weekly airtime and the third airtime outside the broadcasting period specified in sentence 1; with a lower weekly broadcast time for the regional window, the creditable broadcast time is reduced accordingly by 80 minutes. Crediting is only permitted if the regional window programmes are organised with editorial independence and reach a total of at least 50 per cent of the television households in Germany. Falling below this range is permissible in the course of digitising the transmission paths. (3) The window programme provider according to paragraph 1 must not be legally dependent on the main programme organiser. Legal dependency within the meaning of sentence 1 exists if the main programme and the window programme can be attributed to the same company in accordance with § 62. 64 (4) If a main programme broadcaster is obliged to grant airtime for independent third parties, the responsible state media agency, after having discussed with the main broadcaster, announces the window programme for granting approval. The responsible state media authority checks the incoming applications for their compatibility with the provisions of this State Treaty and the other state law provisions and notifies the main broadcaster of the applications that are eligible for approval. It discusses the proposals with the main programme organiser with the aim of making an amicable selection. If an agreement is not reached and the responsible state media agency has more than three admissible applications, the main broadcaster submits a tripartite proposal to the responsible state media agency. The responsible state media authority can add up to two further suggestions from a diversity perspective, which it then discusses again with the main broadcaster with the aim of making a mutually acceptable selection. If an agreement is not reached, it will select from the proposals the applicant whose programme is expected to make the greatest possible contribution to diversity in the programme of the main programme organiser and shall approve such. If there are three or fewer applications, the responsible state media authority makes the decision immediately. (5) If an applicant is selected for the window programme according to paragraph 4, the main programme organiser and the applicant conclude an agreement on the broadcasting of the window programme as part of the main programme. This agreement particularly includes the obligation of the main programme organiser to enable the window programme organiser to adequately finance its programme. The agreement must also stipulate that termination during the period of approval under paragraph 6 is only permissible due to serious breaches of contract or for an important reason with a period of 6 months. (6) On the basis of an agreement on reasonable conditions in accordance with paragraph 5, the window programme organiser is to be granted approval by the responsible state media authority to organise the window programme. In the approval of the main and the window programme organiser, the essential obligations from the agreement according to paragraph 5 are to be included as part of the approval. No compensation shall be awarded for pecuniary losses as a result of a partial withdrawal of approval from the main programme organiser. Approval for the window programme organiser is to be granted for a period of 5 years; it expires if the approval of the main broadcaster ends, is not extended or is not re-issued. § 66 65  Programme advisory board (1) The programme advisory board has to advise those responsible for the program, the management of the programme organiser and the shareholders in the design of the programme. The programme advisory board should contribute suggestions and suggestions to ensure the diversity of opinion and plurality of the programme (§ 59). With the establishment of a programme advisory board by the organiser, its effective influence on the television programme must be guaranteed by contract or by-laws. (2) The members of the programme advisory board are appointed by the organiser. Because of their membership of social groups, they must provide a guarantee that the essential opinions are represented in society. (3) The programme advisory board is to be informed by the management about all questions concerning the programme. It can be heard by the responsible state media authority and in the event of programme complaints in the event of significant changes to the programme structure, the programme content, the programme schedule as well as programme-related hearings. (4) The programme advisory board may request information from the management to carry out its tasks and raise objections to the management regarding the programme or individual contributions. Management must comment on enquiries and complaints within a reasonable period. If, in the opinion of the programme advisory board, it does not adequately take into account the enquiries and complaints about the programme, it can request a decision of the supervisory body on the management, if none is available, one of the general meeting. A rejection of the submission of the programme advisory board by the general meeting or by the control body over the management requires a majority of 75 per cent of the votes cast. (5) In the event of changes to the programme structure, the programme content or the programme scheme or when deciding on programme complaints, the approval of the programme advisory board must be obtained before the management makes a decision. If this is refused or if a statement is not made within a reasonable period of time, management can only take the measure in question with the consent of the control body over the management, if none is available, the general meeting, for which a majority of 75% of the votes cast is required. The organiser must report the result of referral to the programme advisory board or the decision in accordance with sentence 2 to the responsible state media authority. 66 (6) If the organiser with whom a programme advisory board is to be set up is a retail company, then paragraphs 4 and 5 apply, with the proviso that the programme advisory board, instead of the general meeting or the control body, manages the competent state media authority can call who decides on the measure. § 67 Guidelines The state media authorities issue joint guidelines for the detailed design of §§ 59, 65 and 66. The guidelines for § 66 particularly stipulate the appointment and composition of the programme advisory board. § 68 Airtime for third parties (1) Upon request, the Evangelical Churches, the Catholic Church and the Jewish communities are to be given reasonable transmission times for the transmission of religious programmes; the organisers can request reimbursement of their own costs. (2) Parties must be given reasonable airtime during their participation in the elections to the German Bundestag against reimbursement of the costs involved if at least one state list has been approved for them. Furthermore, parties and other political associations are entitled to reasonable airtime for the European Parliament during their participation in the elections of representatives from the Federal Republic of Germany for reimbursement of the costs, if at least one election proposal has been approved for them. 4. Subsection Financing, advertising § 69 Financing Private broadcasters can finance their radio programmes through revenues from advertising and teleshopping, through other revenues, in particular through fees paid 67 by participants (subscriptions or individual fees), and from their own resources. Financing of private broadcasters from the broadcasting fee is not permitted. § 114 remains unaffected. § 70 Duration of television advertising (1) The proportion of airtime for television commercials and teleshopping spots may not exceed 20 per cent of this period in the periods from 6 a.m. to 6 p.m., from 6 p.m. to 11 p.m. and from 11 p.m. to midnight. Sentence 1 shall not apply to product placement and sponsoring notices. (2) Notices by the broadcaster on own programmes and on accompanying materials that are derived directly from these programmes, or on programmes, radio programmes or telemedia comparable to broadcasting from other parts of the same broadcaster group, free contributions in the service of the public, including calls for donations for welfare purposes, statutory mandatory information and neutral single images between editorial content and television or teleshopping spots as well as between individual spots are not considered to be advertising. (3) Paragraphs 1 and 2 and § 9 do not apply to advertising channels. § 71 Teleshopping windows and self-promotion channels (1) Teleshopping windows broadcast in a programme that is not exclusively intended for teleshopping must have a minimum duration of 15 minutes without interruption. They must be visually and acoustically clearly marked as a teleshopping window. (2) Paragraphs 8 and 10 apply correspondingly to self-promotion channels. §§ 9 and 70 shall not apply to self-promotion channels. § 72 Statutes and directives 68 The state media authorities issue joint statutes or guidelines for the implementation of §§ 8 to 11, 70 and 71; The statute or guideline to § 11 particularly specifies the punishment for infringements and the conditions for the participation of minors. In doing so, they establish the behaviour with the regional broadcasting corporations affiliated to ARD and ZDF and conduct a mutual exchange of experience in the application of these guidelines. § 73 Exceptions for regional and local television broadcasters Regulations deviating from § 8(4) sentence 2, § 9(3) and § 70(1) can be made for regional and local television programmes according to state law. Section V Special provisions for individual telemedia 1. Subsection Telemedia comparable to broadcasting § 74 Advertising, competitions §§ 8, 10 and 11 apply accordingly with regard to telemedia comparable to broadcasting. §§ 3 to 16 apply accordingly to offers in accordance with § 2(3) and other linearly distributed telemedia comparable to television. § 75 Short reporting § 14 applies accordingly to telemedia comparable to television if the same programme is offered by the same television broadcaster with a time delay. § 76 69  Accessibility § 7(1) and (2) apply to telemedia comparable to television. § 77 European productions In order to present the diversity in German-speaking and European countries and to promote European film and television productions, providers of telemedia comparable to television ensure that the proportion of European works in their catalogues corresponds to at least 30 per cent. Sentence 1 does not apply to providers of telemedia comparable to television with low sales or low number of viewers or if this is impracticable or unjustified due to the nature or subject of the telemedia comparable to television. Works according to sentence 1 are to be highlighted in the catalogues. The state media authorities regulate the details of the implementation of sentences 1 to 3 via a joint statute. 2. Subsection Media platforms and user interfaces § 78 Scope of application The following regulations apply to all media platforms and user interfaces. With the exception of §§ 79, 80, 86(1) and § 111, they do not apply to: 1. Infrastructure-related media platforms with usually less than 10 000 connected residential units and their user interfaces or 2. Non-infrastructure-related media platforms and user interfaces that do not have user interfaces from media platforms according to paragraph 1, with typically less than 20 000 actual daily users on a monthly average. In the statutes and directives, state media authorities set out criteria for determining the threshold values in accordance with § 88, taking regional and local conditions into account. 70  § 79 General provisions (1) An infrastructure-bound media platform may only be operated if the requirements of § 53(1) and (2) sentence 1 are met. With regard to the remainder, a provider of a media platform or a provider of a user interface or an authorised representative designated by the user must fulfil the requirements of § 53(1) and (2), sentence 1. (2) Vendors who wish to offer a media platform or user interface must notify the responsible state media authority at least 1 month prior to commissioning. The notification must contain the following: 1. Information according to paragraph 1 sentence 1 and 2. Information on the technical and expected range of use. In the event of significant changes, sentences 1 and 2 apply accordingly. (3) The constitutional order applies to the offers in media platforms and user interfaces. The provisions of the general laws and the legal regulations for the protection of personal honour are to be observed. (4) Providers of media platforms and user interfaces are responsible for their own offers. If the supervisory authorities dispose of offers or content of third parties that are distributed via the media platform or are contained in user interfaces, they are obliged to implement this disposition. If measures against the person responsible for offers or content according to sentence 2 are not feasible or not promising, measures to prevent access to offers or content can also be directed against the provider of the media platform or user interface, provided that prevention is technically possible and reasonable. § 80 Signal integrity, overlays and scaling 71 (1) Without the consent of the respective broadcaster or provider of telemedia comparable to broadcasting, its broadcast programmes, including the HbbTV signal, telemedia comparable to broadcasting or parts thereof a) Unchanged in content and technology, b) In the course of their image or acoustic reproduction, not completely or partially overlaid with advertising, content from radio programmes or telemedia comparable to broadcasting, including recommendations or references thereto, or their image scaled for this purpose or c) Not included in offer packages or marketed in any other way for a fee or free of charge or made publicly available. (2) Deviating from paragraph 1(a), technical changes that only serve the efficient use of capacity and the compliance with the agreed or, in the event that no agreement has been made, do not impair standard market quality standards, are permissible. In deviation from paragraph 1(b), overlays or scaling are permitted for the purpose of using services of individual communication or if they are initiated by the user in individual cases. With the exception of recommendations or references to the content of radio programmes or telemedia comparable to broadcasting, sentence 2 does not apply to overlaying or scaling for advertising purposes. (3) In the case of an overlay or scaling for the purpose of advertising, the restrictions applicable to the overlaid or scaled offer apply accordingly, except in the cases of paragraph 2 sentence 2. § 81 Allocation of media platforms (1) The following provisions apply to infrastructure-related media platforms. (2) The provider of a media platform 1. With regard to the digital distribution of television programmes, the following must be ensured within a technical capacity of a maximum of a third of the total capacity available: 72 a) The necessary capacities are available for the nationwide statutory programmes financed by contributions and for the third-party programmes of public service broadcasting, including programme-related services; for the state windows distributed within the framework of the third programmes, this only applies within the states for which they are legally intended, b) The capacities for the private television programmes which include regional windows in accordance with § 59, including programme accompanying services, are available; the television programmes, including the regional windows required by law for the respective region, must be distributed, c) The capacities are available for the regional and local television programmes and open channels approved in the respective state; this only applies within the area for which they are intended; the special national regulations for open channels and comparable offers remain unaffected, d) The technical capacities according to letters a to c are technically equivalent to other digital capacities, 2. Makes a decision regarding the allocation of television programmes in digital technology, including programme-related services, even within a further technical capacity within the scope of the capacity according to subparagraph 1, insofar as it includes a large number of programme organisers and a diverse range of programmes, taking into account the interests of the affiliated participants and includes full programmes, programmes not financed by fees, speciality programmes with a focus on news, other speciality programmes and foreign language programmes, and appropriate consideration of teleshopping channels, 3. Within the additional technical capacities, the decision on occupancy is made in accordance with § 82(2) and the general laws. If the capacity for occupancy according to sentence 1 subparagraph 1 is not sufficient, the principles of sentence 1 are to be applied in accordance with the total capacity available; Thereby, the contribution-financed programmes and programme-related services of public service broadcasting is to be legally determined for the respective distribution area have priority, without prejudice to the appropriate consideration of the offers according to sentence 1 subparagraph 1 letters b and c. (3) The provider of a media platform 73 1. With regard to the digital distribution of radio, the following must be ensured within a technical capacity of a maximum of a third of the total capacity available: a) The necessary capacities for contribution-financed programmes and accompanying services of public service broadcasting that are legally determined in the respective distribution area, b) The capacities for the radio programmes approved in the respective country and the open channels are available; the special national regulations for open channels and comparable offers remain unaffected, 2. To make a decision about the allocation of radio programmes and digital services that are common in digital technology, even within a further technical transmission capacity in the scope of subparagraph 1, insofar as it includes a diverse range of services and, in particular, a variety of services for the respective party, including the interests of the connected participants and adequate coverage of certain offers, 3. Within the additional technical capacities, the decision on occupancy is made in accordance with § 82(2) and the general laws. Paragraph 2 sentence 2 applies accordingly. (4) The provider of a media platform is exempt from the requirements of paragraphs 1 to 3, insofar as 1. The provider of the responsible state media authority proves that they or a third party can receive the corresponding offers directly and without additional effort using a similar transmission path and the same end device, or 2. The requirement of diversity of opinion and variety of offers has already been taken into account in the context of the assignment or assignment decision according to §§ 102 or 103. (5) Programmes that can be attributed to the provider of a media platform in accordance with § 62 or that are exclusively marketed by them are not taken into account when fulfilling the requirements of paragraph 2 subparagraphs 1 and 2. The provider of a media platform must immediately notify the relevant state media authority of the use of radio programmes upon request. If the requirements of paragraphs 2 to 74 4 are not met, the broadcasting programmes to be broadcast are selected in accordance with this State Treaty and state law by the responsible state media authority. Prior to this, the provider of a media platform must be given a reasonable period to meet the legal requirements. (6) With regard to regional and local media platforms that only broadcast radio and television programmes terrestrially, the state law may provide different regulations. § 82 Access to media platforms (1) Providers of media platforms have to ensure that the technology used enables a diverse range of offers. (2) In order to ensure the diversity of opinion and the variety of offers, broadcasting, telemedia comparable to broadcasting and telemedia may not be directly or indirectly unreasonably hindered in accordance with § 19(1) when accessing media platforms and must not be treated differently from similar offers without an objectively justified reason; this applies in particular to 1. Access systems, 2. Interfaces for application programmes, 3. Other technical requirements for subparagraphs 1 and 2 also towards manufacturers of digital radio receivers, 4. The design of access conditions, in particular fees and tariffs. (3) The use of an access authorisation system or an interface for application programmes and the fees for this must be reported immediately to the responsible state media authority. Sentence 1 applies, mutatis mutandis, to amendments. The relevant state media authority is to be provided with the necessary information on request. § 83 Conditions of access to media platforms 75 (1) The access conditions, in particular fees and tariffs, must be disclosed to the responsible state media authority. (2) Fees and tariffs are to be designed within the framework of the Telecommunications Act in such a way that regional and local offers can also be disseminated on reasonable terms. The special national regulations for open channels and comparable offers remain unaffected. (3) If the providers concerned cannot agree on the inclusion of an offer on a media platform or the conditions of approval, each of the parties involved can invoke the responsible state media authority. The responsible state media agency works towards a proper solution among those involved. § 84 Findability in user interfaces (1) The following regulations apply insofar as user interfaces for radio, telemedia comparable to broadcasting and telemedia in accordance with § 19 (1), parts thereof, or software-based applications that essentially serve the direct control of broadcasting, telemedia comparable to broadcasting and telemedia in accordance with § 19(1) wherein they are depicted or conveyed acoustically. (2) Similar offers or content may not be treated differently in terms of their location, in particular the sorting, arrangement or presentation in user interfaces, without an objectively justified reason; and their traceability must not be unduly hindered. The permissible criteria for sorting or arranging include in particular the alphabet, genres or range of use. All offers must be searchable without discrimination using a search function. (3) In its entirety, the broadcast mediated in a user interface must be directly accessible and easy to find on the first selection level. Within the broadcaster, the legally determined contribution-financed programmes, the radio programmes, the window programmes (§ 59(4)) and the private programmes, which make a particular contribution to the diversity of opinions and offers in the federal territory, must be easy to find. If radio programmes are reproduced or acoustically conveyed, which window programmes have to record (§ 59(4)), in the area for which the window programmes are approved or legally determined, the main programmes with window programmes are compared to the main programme broadcast without a window programme and to 76 the window programmes that are permitted for other areas or are legally intended to be given priority. (4) The common telemedia offers of the state broadcasting corporations combined in ARD, the telemedia offers from ZDF and Deutschlandradio or comparable telemedia comparable to broadcasting offers or offers according to § 2(2)(14)(b) of private providers who contribute to the diversity of opinions and offers in the federal territory, or software-based applications that serve their direct control, must be easy to find in the context of the presentation of telemedia comparable to broadcasting or software- based applications that serve their direct control. (5) The private offers within the meaning of paragraph 3 sentence 2 and paragraph 4 are determined by the State Media Authorities for a period of 3 years each and are published in a list on the State Media Authorities’ website. The following criteria must be weighed up as part of the decision: 1. The temporal share of news reporting on political and historical events, 2. The temporal share of regional and local information, 3. The relationship between internally and externally produced programme content, 4. The proportion of barrier-free offers, 5. The relationship between trained and trainee employees who are involved in programme creation, 6. The quota of European works and 7. The proportion of provision for target groups of young people. The state media authorities immediately determine the start and end of an exclusion period within which providers can submit written applications to be included in the list. The start and end of the application period, the procedure and the essential requirements for the application are to be determined by the state media authorities in the context of the call for applications; the tender must be published in a suitable manner. 77 (6) The sorting or arrangement of offers or content must be easily and permanently individualised by the user. (7) Paragraph 2 sentence 3 as well as paragraphs 3, 4 and 6 do not apply to user interfaces insofar as the provider proves that subsequent implementation is not technically possible or only possible with disproportionate effort. (8) The details of paragraphs 2 to 7 are regulated by the state media authorities through joint statutes and guidelines. § 85 Transparency The principles on which a media platform or user interface is based for the selection of radio, telemedia comparable to broadcasting and telemedia in accordance with § 19(1) and for their organisation must be made transparent by the provider. This includes the criteria according to which content is sorted, arranged and presented, how the sorting or arrangement of content can be individualised by the user and according to which basic criteria recommendations are made and under which conditions broadcasting or telemedia comparable to broadcasting according to § 80 is not in its original form. Information on this must be made available to users in an easily perceptible, immediately accessible and constantly available manner. § 86 Submission of documents, cooperation with the regulatory authority for telecommunications (1) Providers of media platforms and user interfaces are obliged to provide the required information and documents to the responsible state media authority immediately upon request. §§ 55, 56 and 58 apply accordingly. (2) Whether there is an infringement of § 82(2)(1), (2) or (4) or § 83(2) depends on the providers of media platforms who are also providers of the telecommunications service, the responsible state media agency in consultation with the regulatory authority for telecommunications. 78 (3) Providers of media platforms or user interfaces have the actual sorting, arrangement and mapping of offers and content, the use of their metadata and, in the context of a legitimate interest, access conditions to providers of broadcasting, telemedia comparable to broadcasting and telemedia in accordance with § 19(1) and § 83(1). § 87 Confirmation of safety With regard to the requirements of §§ 81 to 85, providers of media platforms or user interfaces are entitled to submit an application for a confirmation of safety to the responsible state media authority. The confirmation of safety can be provided with additional provisions. § 88 Statutes, guidelines The state media authorities regulate, through joint statutes and directives, details regarding the specification of the relevant provisions of this subsection. The importance for public opinion formation for the recipient group in relation to the respective transmission path, the respective media platform or the respective user interface must be taken into account. § 89 Review clause The provisions of this subsection, as well as the supplementary state law provisions, are regularly changed every 3 years, for the first time on 1 September 2023 in accordance with § 31(1) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and user rights checked for electronic communication networks and services (Universal Service Directive). § 90 Existing approvals, allocations, assignments, Display of existing media platforms or user interfaces 79 (1) Existing approvals, allocations and assignments for nationwide providers continue to apply until their expiry. Existing approvals and assignments for window programme organisers are to be extended until 31 December 2009, without prejudice to the requirements of § 59(4) sentence 4. (2) Providers of media platforms and user interfaces that are already in operation when this State Treaty comes into force but are not displayed must submit the notification pursuant to § 79(2) no later than 6 months after this State Treaty comes into force. 3. Subsection Media intermediaries § 91 Scope of application (1) The following regulations also apply if the intermediate function is integrated into the offers of third parties (integrated media intermediary). (2) With the exception of § 95, they do not apply to media intermediaries who 1. Reach an average of 6 months in the Federal Republic of Germany less than a million users per month or will reach their forecast development, 2. Specialise in the aggregation, selection and presentation of content related to goods or services or 3. Exclusively serve private or family purposes. § 92 Person authorised to receive service in the Federal Republic of Germany Providers of media intermediaries in Germany have to nominate a person authorised to deliver and draw attention to their offer in an easily recognisable and immediately accessible manner. Deliveries can be made to this person in procedures pursuant to 80 § 117. This also applies to the delivery of documents that initiate or prepare such procedures. § 93 Transparency (1) Providers of media intermediaries must keep the following information easily perceptible, immediately accessible and constantly available to ensure diversity of opinion: 1. The criteria that determine the access of a content to a media intermediary and the whereabouts, 2. The central criteria of an aggregation, selection and presentation of content and their weighting including information about the functioning of the algorithms used in understandable language. (2) Providers of media intermediaries who have a thematic specialisation are obliged to make this specialisation perceptible by designing their offer. § 91(2)(2) remains unaffected. (3) Changes in the criteria mentioned in paragraph 1 and the alignment in accordance with paragraph 2 shall be made immediately noticeable in the same way. (4) Providers of media intermediaries who offer social networks must ensure that telemedia are identified in accordance with § 18(3). § 94 Non-discrimination (1) In order to ensure diversity of opinion, media intermediaries must not discriminate between journalistic and editorial offers, the visibility of which they have a particularly high influence on. (2) Discrimination within the meaning of subsection 1 exists if, without objectively justified reason, the criteria to be published pursuant to § 93 subsections 1 to 3 are 81 systematically deviated in favour of or at the expense of a certain offer, or if these criteria systematically hamper offers directly or indirectly. (3) An infringement can only be asserted by the provider of journalistic-editorial content at the responsible state media authority. In obvious cases, the infringement can also be followed ex officio by the responsible state media authority. (4) § 22(1) sentence 1 remains unaffected. § 95 Submission of documents Providers of media intermediaries are obliged to submit the necessary documents to the responsible state media authority upon request. §§ 55 and 58 apply accordingly. § 96 Statutes and directives The state media authorities regulate, through joint statutes and directives, details regarding the specification of the relevant provisions of this subsection. The orientation function of the media intermediaries for the respective user groups must be taken into account. 4. Subsection Video sharing services § 97 Scope of application This subsection applies to video sharing services within the meaning of § 2(2)(22). Further requirements according to this section remain unaffected. § 98 Person authorised to receive service in the Federal Republic of Germany 82 Providers of video sharing services in Germany have to nominate a person authorised to deliver and draw attention to their offer in an easily recognisable and immediately accessible manner. Deliveries can be made to this person in procedures pursuant to § 117. This also applies to the delivery of documents that initiate or prepare such procedures. § 99 Advertising (1) § 8(1), (3) sentence 1 and (7) and (10) in addition to § 6(2) and (7) of the Youth Media Protection Treaty apply to advertising in video sharing services. (2) The provider of a video sharing service must ensure that advertising that they market, sell or compile complies with the requirements of paragraph 1. (3) The provider of a video sharing service must take the following measures to ensure that advertising that is not marketed, sold or compiled by themselves meets the requirements of paragraph 1: 1. Inclusion and implementation of provisions in its general terms and conditions, which oblige to comply with these requirements of paragraph 1, 2. Provision of a function for labelling advertising in accordance with § 6(3) of the Telemedia Act for labelling advertising. § 100 Conciliation body (1) The state media authorities set up a joint body for the settlement of disputes between the complainants or the users and providers of video sharing services affected by the complaint about measures that providers of video sharing services use in the procedure under §§ 10a and b of the Telemedia Act. (2) The state media authorities regulate the further details on the organisation, the arbitration procedure and the costs in a joint statute to be published on the internet. 83 Section VI Transmission capacity, retransmission § 101 Principle The decision on the allocation, assignment and use of the transmission capacities, which serve the distribution of radio and telemedia comparable to broadcasting, is made in accordance with this State Treaty and the respective state law. § 102 Allocation of wireless transmission capacities (1) The federal states unanimously decide on registration with the regulatory authority responsible for telecommunications for nationwide supply requirements for non-wired (wireless) transmission capacities. For cross-border registrations of requirements, sentence 1 applies accordingly with regard to the states concerned. (2) The Prime Ministers of the federal states decide by unanimous decision on the allocation of transmission capacities for nationwide coverage needs to the regional broadcasting corporations, which are united in ARD, ZDF, the Deutschlandradio or the regional media authorities. (3) The following principles apply in particular to the assignment: 1. Available free transmission capacities are to be made known to the regional broadcasting corporations that are affiliated to ARD, ZDF or Deutschlandradio and the regional media outlets; 2. if the transmission capacities are sufficient for the claimed requirements, they must be allocated accordingly; 3. If the transmission capacities are insufficient for the claimed requirements, the Prime Ministers will work towards an understanding between the parties involved; The state media authorities are involved for private providers; 84 4. If there is no agreement between the parties involved, the Prime Ministers decide which assignment ensures the greatest possible variety of the offer, taking into account the special features of the transmission capacity and the entire offer; The following criteria in particular must be taken into account: a) Securing basic services with broadcasting and participation in public service broadcasting in new technologies and programme forms, b) Concerns of private broadcasting and the providers of telemedia. The transmission capacity is allocated for a maximum of 20 years. (4) The chairman of the Prime Ministerial conference allocates the transmission capacity in accordance with the Prime Minister’s decision in accordance with paragraph 2. (5) If an assigned transmission capacity is not used for the realisation of the supply requirement after 18 months after receipt of the assignment decision, the assignment decision can be revoked by decision of the Prime Minister; no compensation is granted. At the request of the assignee, the deadline can be extended by a decision by the Prime Minister. (6) The Prime Ministers agree on procedural rules for the implementation of paragraphs 2 to 5. § 103 Allocation of wireless transmission capacities to private providers by the responsible state media authority (1) Transmission capacities for wireless nationwide coverage requirements of private providers can be assigned to broadcasters, providers of telemedia or providers of media platforms by the responsible state media authority. (2) If transmission capacities are allocated to the state media authorities, they immediately determine the start and end of an exclusion period within which written applications for the allocation of transmission capacities can be made. The start and end of the application period, the procedure and the essential requirements for the application, in particular how the requirements of this State Treaty can be met to ensure 85 diversity of opinion and variety of offers, must be determined by the state media authorities and published in a suitable manner (invitation to tender). (3) If not all applications for the allocation of transmission capacities can be met, the responsible state media agency will work towards an agreement between the applicants. If an agreement is reached, it will base this on its decision on the allocation of the transmission capacities if, based on the documents submitted, it can be expected that the diversity of opinions and diversity of offers will be expressed in the entirety of the offers. (4) If no agreement can be reached within the reasonable period to be determined by the responsible state media agency or if the proposed division is unlikely to meet the requirements of diversity of opinion and variety of offers, the responsible state media authority will assign the applicant the transmission capacity that is most likely to be expected to offer the following characteristics: 1. Promoting diversity of opinion and variety of offers, 2. Also representing public events, political events and cultural life, and 3. Allowing significant political, ideological and social groups to speak. The selection decision must also include whether the offer appears to be economically viable and whether user interests and acceptance are sufficiently taken into account. In the event that the transmission capacity is to be assigned to a provider of a media platform, it must also be taken into account to what extent it is ensured that the offer meets the requirements of §§ 82 and 83. (5) The transmission capacities are allocated for a period of 10 years. A one-time extension of 10 years is permitted. The assignment is immediately enforceable. If an assigned transmission capacity is not used after 12 months after receipt of the allocation decision, the responsible state media authority can revoke the allocation decision in accordance with § 110(2)(2b). The deadline can be extended at the request of the assignee. § 104 Retransmission 86 (1) The retransmission of nationwide receivable offers that are legally permissible in another Member State of the European Union in accordance with § 2 of Directive 2010/13/EU in the version of Directive 2018/1808/EU or in a Member State of the European Union Convention on Transfrontier Television, which is not a member of the European Union, organised in accordance with the provisions of the European Convention on Transfrontier Television is permitted. The redistribution of the offers mentioned in sentence 1 from another Member State of the European Union can only in accordance with § 3 of Directive 2010/13/EU in the version of Directive 2018/1808/EU, the redistribution of the offers mentioned in sentence 1 from one Member State of the European Convention on Transfrontier Television, which is not a Member State of the European Union, may only be suspended in accordance with the provisions of the European Convention on Transfrontier Television. (2) Organisers of television programmes other than those mentioned in paragraph 1 must report the further distribution at least 1 month before the start to the state media authority in whose scope the programmes are to be distributed. The provider of a media platform can also carry out the advertisement. The advertisement must include the naming of a programme manager, a description of the programme and the submission of an approval or a comparable document. The provider of a media platform is to be prohibited from retransmission if the radio programme does not meet the requirements of § 3 or the Youth Media Protection State Treaty or if the organiser is not authorised to broadcast according to the applicable law of the country of origin or if the content of the programme is not distributed unchanged. (3) State law regulations on an analogue channel assignment for broadcasting are permissible insofar as they are necessary to achieve clearly defined goals of general interest. In particular, they can be used to ensure a pluralistic media order that is orientated towards the diversity of opinion and diversity. National law regulates details, in particular the order of priority for the allocation of cable channels. (4) Furthermore, appropriate measures in accordance with § 4(3) of Directive 2010/13/EU in the version of Directive 2018/1808/EU can be taken against the media service provider who has the sovereignty of a party, while respecting the other provisions of § 4 thereof is subject to another Member State and provides an audiovisual media service that is wholly or predominantly aimed at the territory of the Federal Republic of Germany, insofar as Germany has more detailed or stricter provisions in the public interest in accordance with § 4(1) of the Directive as amended by Directive 2018/1808/EU. 87  § 105 Review clause The provisions of this subsection, as well as the supplementary state law provisions, are regularly changed every 3 years, for the first time on 1 September 2023 in accordance with § 31 paragraph 1 of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and user rights checked for electronic communication networks and services (Universal Service Directive). Section VII Media oversight § 106 Organisation (1) Unless otherwise specified, the responsible state media authority checks for compliance with the provisions of this State Treaty. It makes the respective decisions in accordance with the provisions of this State Treaty. Sentences 1 and 2 do not apply to offers from ARD, ZDF and Deutschlandradio. (2) In order to fulfil the tasks in accordance with § 107 and in accordance with the provisions of the Youth Media Protection State Treaty: 1. The Commission for Approval and Supervision (ZAK), 2. The committee chairperson conference (GVK), 3. The Commission for the Determination of Concentration in the Media Area (KEK) and 4. The Commission for the Youth Media Protection Act (KJM). These serve as bodies for the respective responsible state media authority in fulfilling their tasks in accordance with § 107. 88 (3) The state media authorities send the legal representative determined by state law to the ZAK; Representation in the event of prevention is permitted by the permanent representative. The activities of the members of the ZAK are performed free of charge. (4) The GVK is composed of the respective chairman of the plural decision-making body of the state media authorities: representation by the deputy chairman is permitted in the event of being prevented. The activities of the members of the GVK are performed free of charge. (5) The KEK consists of 1. Six experts in broadcasting law and commercial law, three of whom must be qualified to act as judges, and 2. Six legal representatives of the state media authorities determined in accordance with state law. The members according to sentence 1 subparagraph 1 of the KEK and two substitute members in the event that one of these members is prevented from being appointed by the Prime Ministers of the federal states by mutual agreement for a period of 5 years. Membership and staff of the institutions of the European Union, the constitutional bodies of the federal and state governments, board members and staff of state broadcasting corporations of ARD, ZDF, Germany radio, the European television culture channel ‘Arte’, the state media authorities, are excluded from membership in accordance with sentence 2 private broadcasters and platform providers as well as employees of companies directly or indirectly involved in them within the meaning of § 62. If a member resigns in accordance with sentence 2, the Prime Ministers of the federal states mutually appoint a substitute member or another expert as a member for the rest of the term of office; The same applies if a substitute member leaves. The members under sentence 2 receive appropriate remuneration and reimbursement of their necessary expenses for their work. The chairman of the Broadcasting Commission signs contracts with these members. The chairman of the KEK and their deputy are to be elected from the group of members according to sentence 1 subparagraph 1. The six representatives of the state media authorities and two substitute members in the event that one of these representatives is prevented from being elected by the state media authorities for the term of office of the KEK. (6) A representative of the state media authorities may not belong to the KEK and the KJM at the same time; Substitute membership or alternate membership are permitted. 89 (7) The state media authorities form a joint office for the bodies in accordance with paragraph 2 sentence 1. (8) The members of the ZAK, the GVK and the KEK are not bound by instructions in the performance of their duties under this State Treaty. § 58 applies accordingly to members of the ZAK and GVK. The duty of confidentiality according to § 58 also applies in the relationship of the members of the bodies according to paragraph 2 sentence 1 to other bodies of the state media authorities. (9) The bodies according to paragraph 2 sentence 1 take their decisions with the majority of their legal members. In the case of decisions of the KEK, the vote of the chairman decides in the event of a tie, and if such cannot take place, then the vote of the deputy chairman. The decisions must be substantiated. The significant factual and legislative reasons must be announced in the substantiation. The decisions are binding on the other bodies of the responsible state media agency. The responsible state media authority must implement the resolutions within the deadlines set by the bodies in accordance with paragraph 2 sentence 1. (10) The state media authorities provide the bodies with the necessary personnel and material resources in accordance with paragraph 2 sentence 1. The executive bodies each draw up an economic plan based on the principles of efficiency and economy. The costs for the bodies according to paragraph 2 sentence 1 are covered by the share of the state media authorities according to § 10 of the State Broadcasting Treaty. The state media authorities regulate further details by means of corresponding statutes. (11) Appropriate costs are to be raised from the parties involved in the proceedings by the responsible state media authorities. The state media authorities regulate further details by means of corresponding statutes. (12) The bodies under paragraph 2 sentence 1 are entitled to the procedural rights under §§ 55 and 56. § 107 Tasks (1) The ZAK is responsible for the following tasks: 90 1. Oversight measures against private nationwide organisers, unless the KEK is responsible under paragraph 3, 2. Oversight measures against private nationwide providers in accordance with §§ 18 to 22 and §§ 74 to 77, 3. Recognition of voluntary self-regulation institutions in accordance with § 19(4)and withdrawal or revocation of recognition in accordance with § 19(6), 4. Oversight decisions by the institutions of voluntary self-regulation pursuant to § 19(8), 5. Admission, withdrawal or revocation of approval to nationwide organisers in accordance with §§ 53, 110(1)(1) and (2)(1), 6. Decisions on the obligation to register in accordance with § 54(1) sentence 2; wherein these decisions are made by mutual agreement, 7. Determination of the existence of the requirements for regional window programmes in accordance with § 59(4) sentence 1 and for airtime for third parties in accordance with § 65(2) sentence 4, 8. Notification of platform operation in accordance with § 79(2), 9. Oversight of platforms according to § 104(1) and (2) and §§ 79 to 87, unless the GVK is responsible according to paragraph 2, 10. Oversight of the media intermediaries in accordance with §§ 92 to 94, 11. Oversight of video sharing services in accordance with §§ 98 and 99, 12. Performing the tasks in accordance with § 102(3) sentence 1 subparagraphs 1 and 3. 13. Allocation of transmission capacities for nationwide supply requirements and their withdrawal or revocation according to §§ 103 and 110(1)(2) and (1)(2), as far as the GVK is not responsible according to paragraph 2, 14. Handling of notifications in accordance with § 111(5). 91 The ZAK can set up test committees for the tasks under sentence 1 subparagraphs 1 and 2. The examination committees decide unanimously instead of the ZAK. At the beginning of the ZAK’s term of office, the distribution of procedures is determined by the ZAK. Further details are to be specified in the ZAK rules of procedure. paragraph 2 GVK is responsible for selection decisions regarding the allocation of transmission capacities in accordance with § 103(4) and for the decision on the allocation of platforms in accordance with § 81(5) sentence 3. The ZAK continuously informs the GVK about its activities. It involves the GVK in fundamental matters, especially when drafting statutes and draft guidelines. (3) The KEK is responsible for the final assessment of questions to ensure diversity of opinion in connection with the nationwide organisation of television programmes. Within the framework of sentence 1, it is in particular responsible for examining such questions when deciding on an approval or changing an approval, when confirming changes in participation relationships as harmless and for measures in accordance with § 60(4). With regard to cases that can only play a minor role in securing diversity of opinion, the KEK determines the conditions under which a submission pursuant to § 109 paragraph 1 can be dispensed with. At the request of a state media authority, it is obliged to examine individual cases. The KEK determines the audience shares attributable to the companies. (4) The selection and approval of regional window programme organisers in accordance with § 59(4) and window programme operators in accordance with § 65(4) and the supervision of these programmes are the responsibility of the body responsible for the approval of non-nationwide offers from the responsible state media authority. If the organisers are selected and approved in accordance with sentence 1, the KEK must be consulted beforehand. § 108 Responsible state media agency (1) Unless otherwise stipulated below, the state media authority of the country in which the organiser, provider, authorised representative in accordance with § 79(1) sentence 2 or where the person responsible in accordance with § 18(2) is domiciled, or in the absence thereof, is responsible has their permanent residence. If, according 92 to sentence 1, several state media institutions are responsible or if the provider is based abroad, the state media institution that has first dealt with the matter decides. (2) Responsible in the cases of § 107(1)(1) sentence 1 subparagraphs 1, 7, 9 and 14 as well as in the cases of withdrawal or revocation of the approval or assignment is the State Media Authority, which grants the approval to the organiser, who made an assignment or received the advertisement; otherwise paragraph 1 applies. Responsible in the cases of § 107(1) sentence 1 subparagraphs 10 and 11 is the state media authority of the country in which the person authorised to deliver is located in accordance with §§ 92 or 98. As long as no authorised representative has been appointed, paragraph 1 applies. The responsible state media agency immediately presents the matter for review and decision by the ZAK. In the cases of § 107(1) sentence 1 subparagraphs 3 and 4, the state media authority in the country in which the establishment of voluntary self-regulation is based is responsible. If there is no responsibility after that, the state media authority for which the application for recognition has been submitted is responsible. § 109 Procedure for approval, assignment and notification (1) If an application or a notification according to § 107(1) sentence 1 subparagraphs 5, 6, 8 or 13 is received by the responsible state media authority, the legal representative determined according to state law immediately submits the application or the notification as well as the existing documents of ZAK and in the cases of § 107(1) sentence 1 number 5 also to the KEK. (2) The GVK decides if not all of the applications in accordance with § 107(1) sentence 1 subparagraph 13 can be met. (3) Paragraph 1 applies accordingly to the assessment of questions of securing diversity of opinion by the KEK within the scope of its responsibility in other cases than that of the approval of a nationwide private broadcaster. § 110 Withdrawal, revocation of approvals and assignments 93 (1) The approval according to § 53 or the assignment according to § 103 will be withdrawn if 1. The approval did not meet the approval requirements pursuant to § 53(1) or (2) or a restriction of approval pursuant to § 53(3) was not taken into account or 2. The requirements according to § 103(4) were not taken into account in the assignment and no remedial action is taken within a period determined by the responsible state media authority. (2) Approval and assignment will be revoked if 1. In the case of approval a) A requirement for approval in accordance with § 53(1) or (2) does not apply or a restriction of approval in accordance with § 53(3) occurs and no remedial action takes place within the appropriate period determined by the responsible state media agency or b) The broadcaster has repeatedly seriously violated its obligations under this State Treaty or the Youth Media Protection State Treaty and has not followed the instructions of the responsible state media authority within the period specified by it; 2. In the case of assignment a) Subsequent significant changes to the offer have occurred and are the responsibility of the provider, according to which the offer no longer meets the requirements of § 103(4) and no remedial action takes place within the period determined by the responsible state media authority, or b) For reasons for which the provider is responsible, the offer is not started or continued within the specified period or for the specified duration. (3) The provider is not compensated for a financial disadvantage that arises from the withdrawal or revocation in accordance with paragraphs 1 or 2. In addition, the administrative procedure law of the state of domicile of the respective responsible state media authority applies to the withdrawal and revocation. 94  § 111 Measures for infringements of the law (1) If the responsible state media agency finds a violation of the provisions of this State Treaty with the exception of § 17, § 18(2) and (4), § 20, § 23(2), it takes the necessary measures. Measures include, in particular, complaints, prohibition, blocking, withdrawal and revocation. The provisions of the Youth Media Protection Treaty remain unaffected. Sentence 1 does not apply to infringements of § 19(1) and (2) by providers, a) In accordance with § 19(1) sentence 1. b) Which are subject to self-regulation by the press code and the complaints code of the German Press Council or c) Are affiliated to a recognised voluntary self-regulation institution within the meaning of § 19(3). (2) A prohibition may not take place if the measure is out of proportion to the importance of the offer for the provider and the general public. Prohibition may only take place if its purpose cannot be achieved in any other way. Insofar as its purpose can be achieved, the prohibition is limited to certain types and parts of offers or for a limited period. In the case of journalistic-editorially designed offers in which only complete or partial content of periodical printed matter is reproduced in text or image, blocking is only permitted under the conditions of § 97(5) sentence 2 and § 98 of the Code of Criminal Procedure. The powers of the supervisory authorities to enforce the provisions of general laws and the statutory provisions for the protection of personal honour remain unaffected. (3) If measures towards the organiser or provider prove to be impracticable or not promising, measures to block offers in accordance with paragraph 1 can also be directed against third parties in compliance with the requirements of the Telemedia Act, provided that a block is technically possible and reasonable. § 7(2) of the Telemedia Act remains unaffected. (4) Calling up offers within the framework of oversight is free of charge. Service providers have to ensure this. The provider may not block their offers against access by the responsible supervisory authority. 95 (5) Each state media authority can inform the competent state media authority that a nationwide offer violates the provisions of this State Treaty. If a notification in accordance with sentence 1 is received by the responsible state media authority, the legal representative determined in accordance with state law immediately submits the notification and the existing documents to the body responsible in accordance with §§ 106 and 107. § 112 Preliminary proceedings In the case of appeals against decisions in accordance with §§ 106(2) and § 107, no preliminary proceedings under § 68(1) of the Administrative Court Regulations take place. § 113 Cooperation with other bodies (1) The State Media Authorities work together with the regulatory authority for telecommunications and with the Federal Cartel Office to fulfil their tasks. At the request of the regulatory authority for telecommunications or the Federal Cartel Office, the state media authorities must provide information that is necessary for the performance of their tasks. (2) Paragraph 1 applies, mutatis mutandis, to state cartel offices. § 114 Financing of special tasks (1) The portion specified in § 10 of the Interstate Broadcasting Treaty can be used to finance the following tasks: 1. Approval and supervisory functions of the state media authorities, including the necessary planning, especially technical preparatory work. 2. The promotion of open channels. 96 Funds from the share pursuant to sentence 1 can also be used to finance the following tasks based on special authorisation by the state legislature: 1. Promotion of technical infrastructure provided by state law to supply the state and to promote projects for new types of radio transmission technology and 2. Forms of non-commercial organisation of local and regional broadcasting and projects to promote media literacy. (2) The right of the state legislature to allocate only a part of the share in accordance with paragraph 1 to the state media authority remains unaffected. (3) Insofar as the portion referred to in paragraph 1 is not used, it is entitled to be used by the respective state broadcaster. A state law purpose is permitted. § 115 Data protection oversight for telemedia The supervisory authorities responsible for the general data protection laws of the federal and state governments monitor compliance with the general data protection regulations and § 23. The agencies responsible for data protection in the journalistic area of public service broadcasting and private broadcasters also monitor compliance with the data protection regulations for journalistic and editorial offers on telemedia for their area. Supervision is carried out insofar as companies, aid and associated companies in the press are not subject to self-regulation by the press code and the complaints code of the German Press Council. Section VIII Review, regulatory offences § 116 Review before the Federal Administrative Court The review before the Federal Administrative Court may also be supported in court proceedings by the fact that the judgement being disputed is based on the violation of the provisions of this State Treaty. 97  § 117 Regulatory offences (1) Anyone who acts as the organiser of nationwide private broadcasting wilfully or negligently acts in an unlawful manner 1. Contrary to § 4(1), does not make the information given there within the framework of the overall offer easy, direct and constantly accessible, 2. Contrary to § 8(3) sentence 2 uses subliminal influencing techniques in advertising, 3. Contrary to § 8(3) sentence 3, does not set radio advertising or teleshopping appropriately apart from the medium by optical or acoustic means or clearly spatially from other parts of the programme, 4. Contrary to § 8(4), undertakes partial coverage of the broadcast image with radio advertising without clearly separating the advertising from the rest of the programme and labelling it as such, 5. If a continuous advertising programme is not identified contrary to § 8(5) sentence 2, 6. Contrary to § 8(6) sentence 1 inserts virtual advertising in programmes or teleshopping, 7. Runs surreptitious advertising, subject placement or corresponding practices contrary to § 8(7) sentence 1, 8. Contrary to § 8(7) sentence 2, operates product placement in news programmes, programmes for political information, consumer programmes, regional window programmes in accordance with § 59(4), window programmes in accordance with § 65, programmes with religious content or children’s programmes, 9. Contrary to § 8(7) sentences 4 or 5 does not clearly indicate a product placement, 10. Contrary to § 8(9) distributes political, ideological or religious advertising or teleshopping, 98 11. Contrary to § 9(1), interrupts broadcasts of services or programmes for children through radio advertising or teleshopping, 12. Contrary to the conditions mentioned in § 9(3), interrupts broadcasts through advertising or teleshopping, 13. Contrary to § 10(1) sentence 1, does not clearly indicate the sponsor at the beginning or at the end of the sponsored programme, 14. Broadcasts programmes that have been inadmissibly sponsored pursuant to § 10(3) and (4), 15. Major events are encrypted contrary to § 13(1) or (3) and broadcast for a special fee, 16. If an obligation to provide information continuous advertising programme is not identified contrary to § 16(1) sentence 2, 17. If a radio programme is organises without approval contrary to § 52(1) sentence 1, 18. Contrary to § 52(1) sentence 1 in conjunction with § 53, organises broadcasting programmes that are subject to approval but are not permitted, 19. Contrary to § 54(4) sentence 2 in conjunction with § 53, organises broadcasting programmes, 20. Contrary to § 57(2) does not submit the list of programme sources to the responsible state media authority on time, 21. Contrary to § 70(1) sentence 1 exceeds the permissible duration of advertising, 22. Spreads teleshopping windows contrary to § 70(1) sentence 1, which do not have a minimum duration of 15 minutes without interruption, or spreads teleshopping windows contrary to § 70(1) sentence 2 which are not clearly identified as such optically and acoustically, or 23. Contrary to § 122(1), does not provide the data available to it about audience shares at the request of the KEK. 99 The following also constitutes improper conduct: 1. Contrary to § 18(1), does not or does not correctly provide the name or the address or, in the case of legal persons, the name or the address of the authorised representative for telemedia, 2. Contrary to § 18(3) does not provide the required identification for telemedia, 3. Contrary to § 55(6), does not immediately notify the responsible state media authority of a change in the relevant circumstances after the application or approval has been granted, 4. Contrary to § 55(7), does not immediately provide the responsible state media authority with a statement after the end of a calendar year as to whether and to what extent there has been a change in the relevant participation and attribution criteria under § 28 within the past calendar year, 5. Contrary to § 57(1), does not prepare and publish its annual financial statements including notes and management report on time, 6. Contrary to § 63 sentence 1 fails to notify planned changes, 7. Contravenes a statute in accordance with § 72 sentence 1 in conjunction with § 11, insofar as the statute refers to this regulation on fines for a specific fact, 8. Contrary to § 74 in conjunction with § 8(3) sentence 2, uses subliminal influencing techniques in radio advertising or teleshopping, 9. Contrary to § 74 in conjunction with § 8(3) sentence 3, does not set radio advertising or teleshopping appropriately apart from the medium by optical or acoustic means or clearly spatially from other parts of the offer, 10. Contrary to § 74 in conjunction with § 8(6) sentence 1 inserts virtual advertising into its offers, 11. Contrary to § 74 in conjunction with § 8(4), supplements the widespread range of moving images by showing radio advertisements without clearly separating the advertisements and labelling them as such, 100 12. Contrary to § 74 in conjunction with § 8(5) sentence 2, does not identify a moving image offer as permanent advertising, 13. Runs surreptitious advertising, subject placement or corresponding practices contrary to § 74 in conjunction with § 8(7) sentence 1, 14. Contrary to § 74 in conjunction with § 8(7) sentence 1, operates product placement in news programmes, programmes for political information, consumer programmes, regional window programmes in accordance with § 59(4), window programmes in accordance with § 65, programmes with religious content or children’s programmes, 15. Contrary to § 74 in conjunction with § 8(7) sentences 3 or 4 does not clearly indicate a product placement, 16. Contrary to § 74 in conjunction with § 8(9) distributes political, ideological or religious advertising or teleshopping, 17. Contrary to § 74 in conjunction with § 9(1) if it is integrated into the moving picture offer of a church service or into the moving picture offer for children radio advertising or teleshopping, 18. Contrary to the named requirements as set out in § 74 in conjunction with § 9(3) if moving image offers are integrated into advertising or teleshopping, 19. Contrary to § 74 in conjunction with § 10(1) sentence 1, in the case of a sponsored moving image offer, does not clearly indicate the existence of a sponsorship agreement, 20. Distributes inadmissibly sponsored moving image offers in accordance with § 74 in conjunction with § 10(3) and (4), 21. Contrary to § 79(2)(1) or (2), does not indicate the operation of a media platform or user interface, does not do so in good time or not completely, 22. Contrary to § 80(1) in connection with paragraph 2, radio programmes, including the HbbTV signal, telemedia comparable to broadcasting or parts thereof, in terms of content and technology, completely or partially modified in the course of their illustration or acoustic reproduction with advertising, content from radio programmes or telemedia comparable to broadcasting, including recommendations or references 101 thereon, superimposed or scaled for this purpose or includes individual radio programmes or content in offer packages or is otherwise marketed or made available to the public against payment or free of charge, 23. Contrary to § 81(2) to (4), does not provide the necessary transmission capacities for the programmes to be broadcast, or does not provide them to a sufficient extent, or does not provide them under the conditions provided, or contrary to § 81(5) sentence 2, the occupancy or at the request of the responsible state media authority does not indicate the change in the occupancy of platforms, in time or not completely, 24. Contrary to § 82(2) broadcasting, telemedia comparable to broadcasting and telemedia in accordance with § 19(1) are directly or indirectly unreasonably hindered in accessing media platforms or and similar offers are treated differently without objectively justified reason, 25. Contrary to § 82(3) sentence 1 or 2, does not immediately report the use or modification of an access authorisation system or an interface for application programmes and the fees for this, or does not provide the required information to the competent state media authority on request, contrary to § 82(3) sentence 3, 26. Contrary to § 83(1), does not disclose or not fully disclose access conditions to the responsible state media authority, 27. Contrary to § 83(2), charges or tariffs designed in such a way that regional and local offers cannot be disseminated on reasonable terms 28. Contrary to § 84(2) clause 1, offers or content of the same type are found differently in the searchability, in particular the sorting, arrangement or presentation in user interfaces, without an objectively justified reason or unreasonably hindering their searchability or do not make it possible to find all offers without discrimination using a search function, as far as the proof according to § 84(7) is not provided, 29. Contrary to § 84(3) sentence 1, does not make radio offers in the overall offer directly accessible and easy to find, insofar as the evidence according to § 84 paragraph 7 has not been provided, 30. Contrary to § 84(3) sentence 2, the legally determined contribution-financed programmes, radio programmes, window programmes (§ 59(4)) and private programmes, which make a particular contribution to the diversity of opinions and 102 offers in the federal territory, not easy to find if the proof according to § 84(7) is not provided, 31. Contrary to § 84(3) sentence 3, does not give priority to main programmes with a window programme compared to the main programme broadcast without a window programme and to the window programmes that are permitted or legally determined for other areas, insofar as the proof according to § 84 paragraph 7 is not provided, 32. Contrary to § 84(4), the common telemedia offers of the state broadcasting corporations combined in ARD, the telemedia offers from ZDF and Deutschlandradio or comparable telemedia comparable to broadcasting offers or offers according to § 2(2)(14)(b) of private providers who contribute to the diversity of opinions and offers in the federal territory, or software-based applications that serve their direct control, must be easy to find in the context of the presentation of telemedia comparable to broadcasting or software-based applications that serve their direct control, as far as the proof according to § 84(7) is not provided, 33. Contrary to § 84(6), does not ensure that the sorting or arrangement of offers or content can be individualised easily and permanently by the user, provided that the evidence pursuant to § 84(7) has not been provided, 34. Contrary to § 85 sentence 1, does not make the underlying principles of the media platform or user interface for the selection of radio, telemedia comparable to broadcasting and telemedia according to § 19(1) and for their organisation transparent or contrary to § 85 sentence 3 does not provide users with information on this provide easily recognisable, immediately accessible and constantly available ways, 35. Contrary to § 86(1) sentence 1, does not immediately submit the required documents to the competent state media authority, 36. Contrary to § 86(3), providers of media platforms or user interfaces have the actual sorting, arrangement and mapping of offers and content, the use of their metadata and, in the context of a legitimate interest, access conditions to providers of broadcasting, telemedia comparable to broadcasting and telemedia in accordance with § 19(1) and § 83(1), 37. Contrary to § 90(2), not later than 6 months after the entry into force of this State Treaty, the notification pursuant to § 79(2) sentence 1 or 2 is made, provided that they are already in operation [when this State Treaty comes into force], 103 38. Contrary to § 92, as the provider of a media intermediary, does not designate a delivery agent in Germany, 39. Contrary to § 93(1) as a media intermediary, does not provide the required information or does not make it available in the prescribed manner, 40. Contrary to § 93(3) as a provider of a media intermediary, does not make changes sufficiently noticeable, 41. Contrary to § 93(2) as a provider does not provide the required identification for a media intermediary, 42. Contrary to § 93(4) as a provider of a media intermediary, does not ensure that telemedia are identified within the meaning of § 18(3), 43. Contrary to § 94(1) as a provider of a media intermediary discriminates against journalistic and editorial offers, 44. Contrary to § 95 as the provider of a media intermediary, does not provide the necessary information, 45. Contrary to § 98, as the provider of a video sharing service, does not designate a delivery agent in Germany, 46. Contrary to § 104(2) sentence 1 or 3, does not indicate the retransmission of television programmes, does not do so in good time or does not display them in full and the advertisement was not made by the provider of a media platform, 47. Contrary to an enforceable order by the competent supervisory authority pursuant to § 111(1) sentence 2, also in conjunction with paragraph 4 sentence 1, does not block an offer, or 48. Contrary to § 111(4) sentence 3 blocks offers against being called up by the responsible supervisory authority. Further state law provisions regarding administrative offences remain unaffected. 104 (2) The administrative offence can be imposed with a fine of up to EUR 500 000, in the case of paragraph 1 sentence 2 numbers 1 and 2 with a fine of up to EUR 50 000 and in the case of paragraph 1 sentence 2 numbers 48 and 49 a fine of up to EUR 250 000 can be imposed. (3) The administrative authority within the meaning of § 36(1)(1) of the Regulatory Offences Act is the authority responsible under federal state law in accordance with § 108. The competent administrative authority must immediately inform the other state media institutions of the initiation of a procedure. To the extent that a procedure according to this regulation has been initiated in several countries, the authorities involved agree on the question of which authority will continue the procedure. (4) The state media authority of the state, which has granted approval to an organiser of a nationwide broadcasting programme, can determine that complaints after a legal violation of the provisions of this State Treaty and final decisions in an administrative offence procedure pursuant to paragraph 1 that are broadcast by the organiser concerned in its broadcasting programme. The content and time of the announcement are to be determined by this state media authority at its discretion. Paragraph 3, sentences 2 and 3 shall apply accordingly. (5) The prosecution of the administrative offences referred to in paragraph 1 expires after 6 months. Section IX Transitional and concluding provisions § 118 Termination (1) This State Treaty applies for an indefinite period. The State Treaty can be terminated by either of the contracting states at the end of the calendar year with a notice period of 1 year. Termination may apply for the first time on 31 December 2022. If the State Treaty is not terminated on this date, the termination can be given 2 years later with the same deadline. The termination must be declared to the chairman of the Conference of Ministers-President in written form. If a state cancels this State Treaty, it can terminate the State Treaty on the Broadcasting Contribution and the State Treaty on the Financing of Broadcasting at the same time; every other state can then 105 terminate the treaty at the same time within 6 months of receipt of the notice of termination. These State Treaties remain in force between the other states. (2) In the event of termination, the assignment of the satellite channels remains as long as permissions for these channels still exist. §§ 27 to 30 remain unaffected if individual states enforce termination. (3) § 13(1) and (2) can be terminated by each of the contracting states separately at the end of the calendar year with a period of 1 year. Termination may apply for the first time on 31 December 2020. If § 13(1) and (2) are not terminated at this time, the termination can take place at the same time 2 years later. The termination must be declared to the chairman of the Conference of Ministers-President in written form. If a state enforces a termination, each state can terminate at the same time within 3 months after receipt of the notice of termination in accordance with § 13(1) and (2). A termination enforced by a state does not affect the terminated provisions of this State Treaty in relation to the other states. (4) § 34(2) can be terminated by each of the contracting states separately at the end of the calendar year with a period of 1 paragraph year. Termination may apply for the first time on 31 December 2020. If § 34(2) is not terminated at this time, the termination can take place at the same time 2 years later. The termination must be declared to the chairman of the Conference of Ministers-President in written form. If a state enforces a termination, each state can terminate the State Broadcasting Treaty, ARD State Treaty, ZDF State Treaty, the State Treaty on the Body of Public Law for ‘Deutschlandradio’, the State Treaty on the Financing of Broadcasting and the State Treaty on the Contribution of Broadcasting at the same time within 3 months of receipt of the notice of termination. A termination enforced by a state does not affect the terminated provisions of this State Treaty and the other State Treaties listed in sentence 5 in relation to the other states. (5) § 39(1), (2) and (5) can be terminated by each of the contracting states separately at the end of the calendar year following the determination of the financial requirements of public service broadcasting in accordance with § 36 with a period of 6 months, if the State Treaty on the Financing of Broadcasting is not changed after the determination of the financial requirements pursuant to § 36 due to an increase in the broadcasting fee. Termination may apply for the first time on 31 December 2020. If § 39(1), (2) and (5) are not terminated at this time, the termination can take place at the same time 2 years later. The termination must be declared to the chairman of the Conference of Ministers-President in written form. If a state enforces a termination, each state may 106 terminate the Interstate Broadcasting Treaty and the State Treaty on the Broadcasting Contribution at the same time within 3 months of receipt of the notice of termination. In this case, each state can also enforce a termination within 3 months after receipt of the notice of termination pursuant to sentence 5, §§ 36 and 46 with regard to individual or all provisions at the same time. The terminated provisions of this State Treaty and the other State Treaties specified in sentence 5 remain in force between the other states. § 119 Transitional provision for product placements § 8(7) and § 38 do not apply to programmes that were produced before 19 December 2009. § 120 Transitional provision for telemedia concepts The telemedia concepts published on 1 May 2019 in accordance with § 32(7) remain unaffected. § 121 Transitional provision for approvals and notifications (1) In the case of approvals that were issued before (date of entry into force of the amendment to the State Treaty) and approval extensions, the state media authority issuing the approval remains responsible. The same applies to media platforms and user interfaces that were displayed before (date of entry into force of the amendment to the State Treaty). (2) Paragraph 1 only applies to nationwide offers. § 122 Transitional provision for determining audience shares (1) Until the first audience share is determined according to § 61, the existing data about audience shares are to be used as a basis for the assessment of questions to 107 ensure diversity of opinion in connection with the nationwide organisation of television programmes. The organisers are obliged to provide existing data on audience shares at their request of the KEK. The state media authorities have to ensure by application of administrative procedural regulations taking into account the interests of the participants that measures according to this State Treaty, which are based on data according to sentence 1, are immediately adapted to the factual and legal situation resulting from the first determination of the audience share according to § 61. (2) Paragraph 1 only applies to nationwide offers. § 123 Transitional provision for user interfaces § 84(3) to (6) applies from 1 September 2021. § 124 Regulation for Bavaria The Free State of Bavaria is entitled to use the share of the broadcasting licence fee pursuant to § 114 to finance the tasks of the Bavarian State Centre for New Media determined by the state law within the framework of public law sponsorship. With regard to the remainder, the provisions of this State Treaty applicable to private broadcasters apply accordingly to providers under Bavarian law. Regulations deviating from § 8(9) sentence 1 subparagraph 1. Variants for implementing the requirements of the state constitution are permitted. Annex (to § 30(5) subparagraph 4 of the State Media Treaty) Negative list of public law telemedia 1. Classified ads, advertisements or small ads, 2. Business registers and directories, 3. Price comparison sections as well as calculation programmes (e.g. price calculator, insurance calculator), 4. Categories for the evaluation of services, facilities and products, 5. Dating services, networking fora, job boards, P2P networks, 6. Advice sections not related to programmes, 108 7. Business networks, 8. Telecommunications services within the meaning of § 3 subparagraph 24 of the Telecommunications Act, 9. Betting within the meaning of § 762 of the Civil Code, 10. Software offers, insofar as this is not necessary to take advantage of your own offer, 11. Route planner, 12. Links without editorial review and links that lead directly to purchase requests with the exception of links to the audiovisual content of commercial subsidiaries, 13. Music downloads from commercial third-party productions; this does not apply insofar as it is a limited-time promotional offer for downloading music tracks, 14. Game offers unrelated to a programme, 15. Photo downloads unrelated to a programme, 16. Event calendar (references to events related to a programme are permitted), 17. Fora, chats unrelated to programmes and editorial support; Fora, chats under programme or station brands are permitted. The content of fora and chats may not be geared towards offers that are not permitted under subparagraphs 1 to 16. Annex (to § 33(5) sentence 1 of the State Media Treaty) Blacklist regarding provision for young people 1. Classified ads, advertisements or small ads, 2. Business registers and directories, 3. Price comparison sections as well as calculation programmes (e.g. price calculator, insurance calculator), 4. Categories for the evaluation of services, facilities and products, 5. Dating services, networking fora, job boards, P2P networks, 6. Advice sections without journalistic-editorial reference to the provision for young people, 7. Business networks, 8. Telecommunications services within the meaning of § 3 subparagraph 24 of the Telecommunications Act, 9. Betting within the meaning of § 762 of the Civil Code, 10. Software offers, insofar as this is not necessary to take advantage of your own offer, 11. Route planner, 12. Links without editorial review and links that lead directly to purchase requests, 109 13. Music downloads from commercial third-party productions insofar as it is a limited- time promotional offer for downloading music tracks, 14. Game offers without journalistic-editorial reference to the provision for young people, 15. Photo downloads without journalistic-editorial reference to the provision for young people, 16. Events calendars without journalistic-editorial reference to the provision for young people, 17. Fora and chats with no editorial support. Incidentally, the content of fora and chats must not be geared towards offers that are not permitted under numbers 1 to 16.’ §2 Repeal of the Interstate Broadcasting Treaty 1. The Interstate Broadcasting Treaty of 31 August 1991, as last amended by the Twenty-Second Interstate Broadcasting Treaty of 15-26 October 2018, is, with the exception of the Annex (to § 11b(1)(2) of the State Treat on radio broadcasting), the Annex (to § 11b(3)(2) of the Interstate Broadcasting Treaty) and the Annex (to § 11c(3)(3) of the Interstate Broadcasting Treaty). 2. The Annex (to § 11b(1)(2) of the Interstate Broadcasting Treaty), the Annex (to § 11b(3)(2) of the Interstate Broadcasting Treaty) and the Annex (to § 11c(3)(3) of the Interstate Broadcasting Treaty) count as annexes of the Media State Treaty. 110 Maret Ots Saatja: Karl Stern <[email protected]> Saatmisaeg: reede, 27. märts 2020 14:21 Adressaat: Mart Laas; Maret Ots Teema: teatis Manused: 202026D.DOCX Tere Saadan Saksamaa teatise 26 „Saksamaal meediakorralduse ajakohastamist käsitleva riigilepingu eelnõu artikli 1 paragrahvid 1, 2, 18, 19, 22, 74, 78–96, paragrahvi 117 lõike 1 teise lause punkt 2, 16, 21–44 ja artikkel 2“. Ooteaeg lõpeb 27.04. Karl 1