The TV must be clearly separated from programs – media law principle of separation

Broadcasters must clearly separate advertising from other programs. This has the Federal Administrative Court in its judgment of 14. Decided Oktober2015 (BVerwG 6 C 17.14). Otherwise he infringes the Rundfunkstaatsvertrag.


The television station Sat.1 had aired a program Note during the interruption of a series and at the end dipped for about two seconds the word "advertising" on the screen. Then the advertising block began. This procedure was repeated. This lack of separation of advertising and program objected to the State Media Authority of Rhineland-Palatinate. Against the decision Sat.1 was going on court. After the transmitter failed already in the first two instances, the Federal Administrative Court also dismissed the revision from.


The insertion of the writing "advertising" for about two seconds is too short, because by the optical dominance of further rolling program reference, the audience was not sufficiently pointed out the now incipient commercial break. After Rundfunkstaatsvertrag advertising must be adequately offset the medium by optical or acoustic means or spatially distinct from other parts of the program. This was not done here.


„Im Media Law limits are often blurred. This applies not only to traditional media such as radio & Television or print, but also, and especially in the so-called. new media. Without a well-founded legal advice may soon be lost to the overview, Which Legislation must be respected and rules ", says Lawyer Michael Horak aus Hanover.


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