The 12th Amendment of the State
Treaty on Changes to Broadcasting (Rundfunkänderungsstaatsvertrag) amends the
legal framework for the activities of the broadcasting institutions. The new
regulation takes into account the agreement between the Federal Republic of
Germany and the European Commission on cooperative measures. The constitutional
demands on the drafting of the functional requirement as regards new services
are the subject of the project completed in 2007.
The 12th Amendment of the State
Treaty on Changes to Broadcasting (Rundfunkänderungsstaatsvertrag) amends the
legal framework for the activities of the broadcasting institutions. The new
regulation takes into account the agreement between the Federal Republic of
Germany and the European Commission on cooperative measures. The constitutional
demands on the drafting of the functional requirement as regards new services
are the subject of the project completed in 2007.
Beyond the area of online
offerings, criteria were developed, which make possible the legal assessment of
the broadcasting institutions’ services on digital platforms. Moving on from
the interpretation of the constitutional concept of broadcasting, where it is
demonstrated that it is not a question of categorisation as “presentation”, the
relevance of online-services for the lawmakers’ drafting was investigated. In
this, insights from communications and business studies were included, and it
was demonstrated that, on one hand, particular online services show a high
degree of relevance in the forming of opinions and, on the other, with
commercial offerings structural deficits also exist in the internet as regards
the fulfilment of the constitutional stipulations.
The next step was to analyse
the services for which the structural peculiarities of public broadcasting are
relevant (functionally relevant services) and which services the broadcasting
institutions have to offer, in order to be able to fulfil the commission laid
upon them under changed technical and social conditions as well (functionally
necessary services). With the question as to the functionally relevant
services, the particular production logic of public broadcasting was considered.
Procedural rules for the adoption of new services were equally elucidated and
the extent to which the broadcasting institutions themselves are subject to the
constitution was investigated.
Project Description
The 12th Amendment of the State
Treaty on Changes to Broadcasting (Rundfunkänderungsstaatsvertrag) amends the
legal framework for the activities of the broadcasting institutions. The new
regulation takes into account the agreement between the Federal Republic of
Germany and the European Commission on cooperative measures. The constitutional
demands on the drafting of the functional requirement as regards new services
are the subject of the project completed in 2007.
Beyond the area of online
offerings, criteria were developed, which make possible the legal assessment of
the broadcasting institutions’ services on digital platforms. Moving on from
the interpretation of the constitutional concept of broadcasting, where it is
demonstrated that it is not a question of categorisation as “presentation”, the
relevance of online-services for the lawmakers’ drafting was investigated. In
this, insights from communications and business studies were included, and it
was demonstrated that, on one hand, particular online services show a high
degree of relevance in the forming of opinions and, on the other, with
commercial offerings structural deficits also exist in the internet as regards
the fulfilment of the constitutional stipulations.
The next step was to analyse
the services for which the structural peculiarities of public broadcasting are
relevant (functionally relevant services) and which services the broadcasting
institutions have to offer, in order to be able to fulfil the commission laid
upon them under changed technical and social conditions as well (functionally
necessary services). With the question as to the functionally relevant
services, the particular production logic of public broadcasting was considered.
Procedural rules for the adoption of new services were equally elucidated and
the extent to which the broadcasting institutions themselves are subject to the
constitution was investigated.
