The political system and its impact on the media landscape in Germany

The Federal Republic of Germany is a federally organised parliamentary democracy in the heart of Europe. It is the most populous member of the European Union (EU) and a member of NATO and other international communities and alliances. Although the Federal Chancellor, as head of the federal government, is probably the best-known representative of the state, the Federal President, who formally has only a few rights, is the head of state. Since reunification in 1990, when the territories of the former German Democratic Republic (GDR) joined the Federal Republic of Germany, it has consisted of 16 federal states. The state is federally organised with 16 separate state capitals, parliaments and governments. 

The EU plays a central role in regulating the media landscape in Germany, in particular through directives and regulations such as the Audiovisual Media Services Directive (AVMSD), the Digital Services Act (DSA), the General Data Protection Regulation (GDPR) and the European Media Freedom Act (EMFA). The AVMSD aims to create a level playing field and ensure media pluralism, while the DSA promotes a safe digital space by regulating platforms. The GDPR harmonises data protection in the EU and has far-reaching implications for the media industry. The EMFA protects media freedom and pluralism by ensuring that media can operate without undue pressure. Germany has actively contributed to the design and implementation of these regulations in order to promote a harmonised and secure media space in Europe.

However, the centrepiece of German politics is the capital Berlin, which is also the capital of the federal state of Berlin. The constitutional bodies, the parliament, the German Bundestag, and the joint chamber of the federal states, the Bundesrat, (both legislative) as well as the federal government (executive) and the Federal President are based in Berlin. Only the Federal Constitutional Court (judiciary) has its seat in Karlsruhe. Numerous ministries, as well as the Federal President as the non-directly elected head of state, maintain an additional official seat in the federal city of Bonn, which was the provisional seat of the executive and legislative branches before reunification. The Federal President is elected by the Federal Assembly, which in turn comprises all members of the German Bundestag as well as representatives from the respective federal states, who may, but do not have to, hold a parliamentary mandate there. The respective state parliaments decide which representatives the federal states send.

The constitution guarantees freedom of the press and freedom of opinion

Article 5 of the Basic Law of the Federal Republic of Germany, the constitution, protects five independent fundamental rights, namely freedom of opinion, freedom of information, freedom of the press, freedom of broadcasting and freedom of film. The wording of Article 5 paragraph 1 states: 

"Everyone shall have the right freely to express and disseminate his opinions in speech, writing and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by radio and film are guaranteed. There shall be no censorship." 

These rights are restricted by the general laws as well as the protection of minors and the right to personal honour. Article 5 also protects the freedom of science, research and teaching as well as artistic freedom. These are further forms of communication that the Basic Law considers particularly worthy of protection. These fundamental rights can therefore only be restricted by conflicting constitutional law. 

Important political figures and members of government exert indirect influence on the media by setting the direction and priorities of media policy. This can be reflected in the appointment of leading positions in public broadcasters or the support of certain media projects. A well-known example is the discussion about the reform of public broadcasting and the level of the licence fee, which regularly triggers political debates.

Public service broadcasting

In addition to the programmes offered by private publishers, broadcasters, radio stations and media service providers, Germany also has public broadcasters. These are mandated by law to contribute to the diversity of opinion, provide educational content and offer cultural programmes. They include Zweites Deutsches Fernsehen (ZDF), Deutschlandradio (Deutschlandfunk, Deutschlandfunk Kultur, Deutschlandfunk Nova) and the Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (ARD). 

ARD is made up of the following regional broadcasters: BR (Bayerischer Rundfunk), HR (Hessischer Rundfunk), MDR (Mitteldeutscher Rundfunk), NDR (Norddeutscher Rundfunk), Radio Bremen, RBB (Rundfunk Berlin-Brandenburg), SR (Saarländischer Rundfunk), SWR (Südwestrundfunk) and WDR (Westdeutscher Rundfunk). In addition to TV channels, these broadcasters also operate numerous regional radio programmes. In addition, there are joint public service programmes that are operated jointly by several public service broadcasters (3sat, Arte, KiKA, Phoenix, Funk). 

Public service broadcasting is not financed by taxes, but by the licence fee of €18.36 per month, which is paid by all households and businesses in Germany, with a few exceptions. This is intended to ensure independent and comprehensive reporting.

The definition of state independence

The principle of independence from the state applies primarily to public service broadcasting and not to private media. Statutory regulations and independent control bodies are intended to ensure that public service broadcasting operates independently of state and political influence - independent of the direct influence of the state - the executive, legislative and judicial branches - as well as political parties. 

This independence is ensured, for example, by supervisory bodies (radio, television and administrative boards). These bodies are made up of representatives from various social groups. Some of the supervisory bodies include representatives from the executive and legislative branches, such as the ZDF Television Council or the broadcasting councils of the ARD broadcasters. However, they are not in the majority there. There are no purely state-controlled media in Germany, nor are there any media that report to the Federal Chancellor or the Federal Government.

Private media and the role of the state media authorities

For private media, i.e. private radio and television broadcasters as well as print and online media, there is no explicit legal obligation to be independent of the state as there is for public service broadcasting. Nevertheless, aspects of independence also play an important role here: in addition to the German Basic Law, there are several legal regulations and principles that are enshrined in various laws and treaties and thus represent the legal framework for the work of private media and media service providers. As independent institutions, the state media authorities of the federal states are responsible for the regulation and supervision of private broadcasting and telemedia in the respective federal states. Alongside public service broadcasting, they play a central role in Germany's dual broadcasting system.

Access to the journalism profession 

Freedom of opinion and freedom of the press prevail in the Federal Republic of Germany. Everyone is allowed to express their opinion in speech and writing. Ergo, everyone is allowed to work as a journalist and publisher. The professions of "author", "journalist", "publisher" and "publicist" are not legally protected. There is no corresponding compulsory professional training or compulsory professional qualification. 

The same applies to any entry barriers, as the professional fields are not subject to any compulsory chamber requirements. Nevertheless, journalism training programmes without grading, so-called traineeships, are offered. There are also a variety of journalism degree programmes at universities and universities of applied sciences that make it easier to enter the profession.

Use of the media by the political system and elites

Political actors use private and public media strategically to spread their messages and influence public opinion. This is done through press conferences, interviews and the use of social media. 

The media are an indispensable tool for reaching and mobilising voters, especially during election campaigns. Historically, there have always been cases in which political elites have tried to exert direct influence on media coverage. 

One striking example is the "Spiegel" scandal of 1962, in which the editors of the news magazine "Der Spiegel" came under government scrutiny for their critical reporting on the German armed forces and Defence Minister Franz Josef Strauß. This affair led to massive protests and is considered a turning point in German media history that strengthened the freedom of the press.

Political stance towards the media

The general attitude of political institutions in Germany towards the media is characterised by a fundamental respect for the freedom of the press and the role of the media as the "fourth estate" - alongside the executive, legislature and judiciary. Nevertheless, there are always tensions and conflicts that cloud the view of the free press. Right-wing populist forces and parties in particular accuse "the media", especially the public service media, of being controlled by the government or at least being too uncritical of their work. Such critics accuse public broadcasters of being too close to the state, while supporters emphasise their independence and important role in society. A current example of the complex relationship between politics and the media is the debate about the funding and remit of public service broadcasting. 

Opposition forces and their media involvement

Opposition parties and other political forces outside the government use private and public media as a platform to present their positions and disseminate alternative points of view. In order to ensure a balance in reporting, representatives of the government and its supporting parties and parliamentary groups as well as the parliamentary and extra-parliamentary opposition are included in the reporting. 

Influence of trade unions and non-governmental organisations (NGOs)

Trade unions such as the German Trade Union Confederation (DGB), which includes the Vereinte Dienstleistungsgewerkschaft (ver.di), and the independent German Journalists' Association (DJV) are actively involved in shaping working conditions and collective agreements for media professionals and advocate for the rights of journalists. NGOs from a wide range of social sectors play an important role in shaping the topics covered by the media by drawing attention to grievances, setting relevant topics and organising campaigns that are reported on. Organisations such as Reporters Without Borders campaign for press freedom worldwide and also regularly criticise restrictions on journalistic freedom in Germany.

State-specific dimensions

In addition to the aspects already mentioned, there are state-specific differences and relevant dimensions that characterise the media landscape in Germany. Almost every federal state has its own broadcasting organisation, some share one. This plays an important role in regional reporting. This regional diversity contributes to a broad spectrum of opinions and promotes pluralism in the media landscape. Another country-specific aspect is the historical character of the media landscape due to the division of Germany into East and West. The media landscape in the new federal states has changed considerably since reunification, but in many respects remains characterised by the experiences and structures from the GDR era. For example, the distribution areas of regional daily newspapers are still the areas of the former party districts. On the other hand, almost all East German daily newspapers are now owned by former West German publishers.