The legal framework of the media industry in Germany

In Germany, there are strict laws that regulate the media landscape and ensure that freedom of the press and broadcasting is preserved. These regulations are enshrined in the Basic Law, particularly in Article 5, which guarantees freedom of expression, including freedom of the press and broadcasting. The Federal Constitutional Court interprets this as an obligation for the legislature to create a positive order that promotes freedom of expression.

Media regulation aims to prevent concentrations and monopolies that could endanger the diversity of opinions. Two important laws are the State Media Treaty and the Act against Restraints of Competition (GWB). While the GWB regulates economic competition in general, the State Media Treaty focuses specifically on media concentration in the television sector and ensures that no single company controls more than 30% of the market.

Broadcasting media: Who regulates what?

The most important regulatory authorities for broadcasting media are the state media authorities and the Commission on Concentration in the Media (KEK). These authorities monitor the awarding of broadcasting licences, compliance with media law and the safeguarding of diversity of opinion.

The KEK consists of six experts in broadcasting and commercial law and six legal representatives of the state media authorities. The experts are appointed by the prime ministers of the federal states for five years. The representatives of the state media authorities are elected by the authorities themselves.

The state media authorities receive a share of 1.8989 per cent of the broadcasting licence fee to finance their own work. This financing has been regularly reviewed and adjusted over the past five years.

The key people involved include the directors of the state media authorities and the members of the KEK, who usually have extensive experience in media law and the media industry.

Transparency is a central aspect of the work of these regulatory authorities. They regularly publish their decisions and reports on their websites and conduct public consultations.

A well-known example of an important decision is the rejection by the KEK in 2006 of the merger between ProSiebenSat.1 and Axel Springer AG. This decision prevented the creation of a dominant market position and had a significant impact on the media landscape in Germany.

Regulation of the print media

The regulation of print media is mainly carried out by the Federal Cartel Office and the state media authorities, which ensure that no dominant market positions arise and that a diversity of opinions is maintained.

The committees of the state media authorities are composed of representatives of various social groups, who are appointed by the respective state parliaments. This is to ensure broad social representation and independence.

They are also financed by the licence fee. In the last five years, the budgets have been regularly adjusted to ensure that the authorities are adequately equipped.

The key personnel include the presidents of the state media authorities and the heads of the respective departments, who often have extensive experience in the field of media law and media policy. The decision-making processes of the state media authorities are transparent. Decisions and meeting minutes are published and accessible to the public.

A noteworthy example is the decision of the Federal Cartel Office to prohibit the acquisition of the ‘Ostthüringer Zeitung’ by Funke Mediengruppe in 2021. This decision protected competition and editorial diversity in the region.

This is how online media are regulated

The regulation of internet media focuses on controlling the distribution of online content and ensuring net neutrality. The Federal Network Agency plays a central role in this.

The Federal Network Agency is headed by a president appointed by the federal government. The agency consists of various departments, each headed by experts in the fields of telecommunications and media.

The Federal Network Agency is financed by the federal budget. In the last five years, the annual budgets have been continuously adjusted to meet increasing demands.

The President of the Federal Network Agency and the heads of the media departments are crucial actors. They usually have in-depth knowledge in the field of telecommunications and media law. The Federal Network Agency publishes all decisions and reports on its website. Public hearings and consultations are part of the decision-making process to ensure transparency.

In 2022, the Federal Network Agency ruled to prohibit the zero-rating offers ‘StreamOn’ from Deutsche Telekom and ‘Vodafone Pass’. This decision promoted so-called net neutrality and had a significant impact on the offers of telecommunications companies.

Data protection in the age of Facebook and other social media

Data protection supervision in Germany is carried out by the Federal Commissioner for Data Protection and Freedom of Information (BfDI) and the data protection authorities of the federal states. They monitor compliance with data protection laws, in particular the General Data Protection Regulation (GDPR).

The BfDI is elected by the Bundestag and is independent. The state data protection officers are appointed by the respective state parliaments. The data protection authorities are financed from the budgets of the federal and state governments. The budgets have been continuously increased in recent years due to the increasing requirements of the GDPR.

The Federal Commissioner and the state data protection officers are key figures, often coming from a legal or administrative background and with extensive experience in data protection law.

The data protection authorities publish their decisions and reports on their websites. They also organise public hearings and consultations to ensure transparency and public participation.

One example is the BfDI's 2019 decision against Facebook, which prohibited the processing of user data without a sufficient legal basis. This decision had a far-reaching impact on the data protection practices of online platforms.

Maintaining diversity

The legal framework for the media industry in Germany is well defined and designed to protect diversity and prevent monopolies. Despite many regulatory successes, there is a continuous need for adaptation to meet the challenges of digitisation and dynamic market development. Regulatory authorities play a crucial role in maintaining this balance and ensuring that the media landscape remains diverse and free from excessive concentrations of power.