Criticizes Inadequate separation of advertising and program at Sat.1 rightly – Anna und die Liebe and The Voice of Germany

A broadcaster violates the commandment of the Rundfunkstaatsvertrag, Clearly depose advertising from other parts of the program, if prior to the start of the advertising in an ongoing program Note Although the word "advertising" will appear, the next running program Note, however, the screen visually dominates. This was decided by the Federal Administrative Court in Leipzig today.

The applicant held the television Sat.1. During the interruption of the series "Anna und die Liebe" a program aired on Note the transfer of a boxing match. Showing was initially for about two seconds the whole screen fills burning boxing ring and in the right pane of the boxer Felix Sturm. While these are moving toward the camera, appeared in the middle of the picture in a black circle the letters "FR" and left next to the words "TODAY 22.15 STURM VS. MURRAY“. After these two seconds, the black circle transformed with the letters "FR" to a rotating colored ball, the so-called Sat.1-Ball. At the same time the word "advertising" was displayed. This display lasted turn ca. two seconds. Following this, the first commercial began. In a similar way was the same day during the interruption of the series "K 11" into a program announcement for the show "The Voice of Germany" before the subsequent commercial break the word "ADVERTISEMENT" will be displayed. By the contested decision, the defendant objected Landesmedienanstalt in these two cases, a breach of the broadcasting law commandment of separation of advertising and program. The Administrative Court of Neustadt an der Weinstraße dismissed the action brought against it, the Higher Administrative Court rejected the appeal of Koblenz has applicant.

The Federal Administrative Court rejected the revision of the applicant: According to relevant here determine the Rundfunkstaatsvertrag advertising must be appropriate to the medium by optical or acoustic means or physically quite distinct from other parts of the program. Other transmission parts within the meaning of that provision are also hints at his own subsequent shipments. To view the broadcast here depose program notes of the following advertising, the applicant has used as optical means the display the writing "advertising" in the program Note. Although the Rundfunkstaatsvertrag not required, that the optical means for the separation of advertising and program after the last image of the program and before the first frame of advertising is used. However, this display was not appropriate in view of the design here chosen by the applicant, the subsequent advertising, as required by the Broadcasting Treaty, clearly stand out from the program Note. The very brief display of the writing "advertising" was not enough because of the dominance of the optical continue rolling program reference, to make the average attentive viewer sufficiently clear, Advertising that immediately begins.

BVerwG 6 C 17.14 – Judgment of 14. October 2015

OVG Koblenz 2 A 10894/13 – Judgment of 29. April 2014
VG Neustadt / Weinstraße 5 K 429/12.NW – Judgment of 04. June 2013

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