Medienrecht

All legal issues and legal regulations that relate to the media (tv, radio, press, book, film, internet) or result from them
*Not all legal matters related to media are media law.

All national laws and regulations as well as international treaties that regulate
the freedom of reporting, tasks, approval, organisation, state supervision, financing and
journalistic principles of television and radio.

The entirety of all provisions that regulate the general legal status of the Press. (periodically published printed products)
Constitutional guarantee of the freedom of the Press
– Information acquisition and the right of journalists to refuse to give evidence about their
sources.
– Obligation to publish an imprint.
– Obligation to publish replies to false factual allegations.
– Regulations on limiting of Press freedom to protect personal rights and privacy.

Legal regulations on the technical process of conveying data,
regardless of their content. Telecommunications laws regulate in the telecommunications sector
the technical process of the sending, transmission and reception of signals through
corresponding technical systems. The purpose of the regulation is to guarantee services and
telecommunications infrastructures that are as far-reaching as possible, to regulate frequency
assignments, and to promote competition between state and private telecommunications
companies and between private enterprises. For example, such regulations which affect the
operation and access to cable networks and mobile telephony services, and network providers
that only make their supply networks available without offering content themselves.

Legal regulations covering so-called “New Media”, which compared to customary media are characterised by digitisation.
Due to digitisation, every type of information (text,
photos, graphics, audio, video) can be broken down into binary characters and converted to a
digital “standard language” so that different forms of information are interchangeable. This means
that the different services (media) can be linked with each other. By means of the Internet, all
these services can fundamentally be brought into play as wished, and in particular it enables
interactivity. The result: customary media law concepts are becoming more difficult to apply.

Legal regulations to protect intellectual works of literature, science and art, such as novels, paintings, music, films, academic papers, and buildings.

within the meaning of the right of the individual in relation to the respective state:
– to obtain information from generally accessible sources,
– to run radio and television stations, have Internet connections,
– disseminate his/her opinion also in the mass media?

Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.”

1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.

1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

international law which regulate facts and circumstances relating to the media

Art. 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms
(ECHR)
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– Council of Europe: international organisation founded in 1949 (based in Strasbourg) to
promote human rights and freedom in Europe.

1) Everyone has the right to freedom of expression. This right shall include freedom to hold
opinions and to receive and impart information and ideas without interference by public
authority and regardless of frontiers. This article shall not prevent States from requiring the
licensing of broadcasting, television or cinema enterprises.

„Freedom of expression constitutes one of the essential foundations of a society, one of the basic
conditions for its progress and for the development of every man.“
(ECtHR of 07.12.1976 in the case of Handyside v. UK)

– Allegations of fact and value judgments/opinions.

Freedom of press = Dissemination of information via periodically published printed matter
(newspaper, magazine etc.).
– In the foreground, the acquisition of information by journalists and the confidentiality on
sources of information linked with it is protected (right to refuse to give evidence).
– ECtHR: The Press has the role of a “public watchdog” that must be able to obtain
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information as unhindered as possible; the precondition of Press freedom as an essential
foundation of every democratic society is the protection of journalistic sources.
(ECtHR of 27.03.1996 in the case of Goodwin v. UK)