The prime ministers of the federal states decided on Thursday to the media state treaty, and thus the replacement of the broadcasting state treaty. The current law was created at a time when the World Wide Web was little more than a craft by Tim Berners-Lee.
Therefore, it covers only the former broadcasting system of Germany: The mission of the public broadcasters is defined therein, described the funding of the broadcasters and within what limits advertising is possible. For private radio and TV stations is regulated that they need a license. There are also rules to ensure diversity of opinion.
But the dual broadcasting system has long since become a completely different media landscape. Internet platforms, for example, bundle the media content of third parties, and every teenager can use a smartphone to set up a YouTube channel with a regular program. The Media State Treaty should take into account the digital transformation.
The Rhineland-Palatinate Prime Minister Malu Dreyer called the media state treaty, according to the press release, "a very important media policy milestone". She emphasized that the agreement was preceded by "many discussions with media makers, two large online participations with over 1300 submissions and deliberations in the broadcasting commission".
The most important questions and answers about the Media State Treaty have been compiled here:
Does the Media State Treaty replace the Broadcasting Treaty?
Yes. The State Broadcasting Treaty has been in force since 1991, although in the meantime there have been numerous changes in the lawful agreement. Internet offers were added, called in the contract language telemedia. The Media State Treaty, which should also be called, replaces the whole. Other state contracts in the media sector remain. These include the State Treaty on Broadcasting Financing, in which the contribution amount per household is set, as well as the Youth Media Protection State Treaty, which regulates at what time which films may be shown.
What will change with the new contract?
The definition of broadcasting should be recast. The licensing procedures for being able to operate radio broadcasting have so far been tailored to media houses. However, theoretically anyone can make radio because of the digital possibilities. Under certain circumstances even the smallest creators and live streamer have to apply for approval. That's about to change, to promote creative people and reduce bureaucracy. If on average less than 20,000 users use an offer at the same time and are unlikely to do so in the foreseeable future, regardless of the number of subscribers, the licensing rules should disappear. "Bagatellrundfunk" was the name in earlier drafts. A general approval exemption for Let's Player is in the now adopted contract, as the SPIEGEL present, unlike in previous drafts no longer included.
In the future, the state treaty will also apply to so-called media intermediaries, platforms such as Netflix and user interfaces such as Amazon's Alexa and Google Home.
Intermediaries include social networks like Facebook and Instagram, as well as search engines like Google, even though they are not mentioned by name. They must not "discriminate" in order to safeguard diversity of opinion (... ...) journalistic-editorially designed offers on whose perceptibility they have potentially particularly high influence. " In order to rule out discrimination, providers - and only those - should be able to ask why their content was placed in a specific way in the offer of a media intermediary.
The contract rules are also to ensure that smart-TVs and language assistants like Amazon Alexa ensure that media content with social added value is easy to find and does not go down in the crowd. Criteria may include journalistic news content, a certain proportion of regional coverage and accessibility - such as visual or hearing impairment.
Does the contract also include advertising rules?
Yes. Private broadcasters, for example, may advertise in the children's program in the future and distribute their advertising times more freely throughout the day. SmartTV providers are not allowed to crossfade the TV signal without the consent of the broadcasters, for example, to show advertising.
What do consumer advocates say?
This first approach is a "quite hopeful attempt" of the balancing act between freedom of expression and necessary regulation, said the responsible for the topic board of the Consumer Council North Rhine-Westphalia, Wolfgang Schuldzinski. It is important that journalistic edited offers are found. This findability of quality media on the Internet must be regulated.
How are TV channels on the contract?
The ARD emphasized that the specifications for platform regulation were of particular importance. "It's all about business models that have moved between us as broadcasters and users of our content - from cable infrastructures to the user interface on the Smart TV terminal."
There is also approval from the Association of Private Media (Vaunet). The contract set the course for how users will find radio and television on platforms and intermediaries in future, said Vaunet CEO Hans Demmel. At the same time, he expressed concern that the contract would have to prove himself above all whether he provides suitable answers to new so-called gatekeeper situations such as voice assistants. This could be the case, for example, when a news program is requested and the language assistant selects a particular one.
And the digital industry?
She sees the contract text critically. The digital association Bitkom, for example, is struck by the fact that certain content should be easy to find in the future. "Privileged discovery will not protect the diversity of opinion," said Susanne Dehmel as a member of Bitkom's executive board. "On the contrary, it results in a few vendors being favored while the content of many other vendors is being discriminated against, with users inappropriately patronized."
What's the future schedule?
The parliaments still have to ratify the law and submit the text to the European Commission. It could come into force by September 2020. This date is set by the EU Audiovisual Media Directive (AVMSD).