Year:    2008

Author:    Kirchberg, Christian

Die Verwaltung, Vol. 41 (2008), Iss. 4 : pp. 511–542

Abstract

The development and widespread effect of the internet, which now penetrates almost all areas of life, provide repeated reminders of the need for statutory regulation because previous regulatory mechanisms have proven to be inadequate to deal with the possibilities, risks and “downsides“ of the internet. The German legislature, reacting to requirements set by the European Union, has been dealing with the resulting need for regulation since the early 1990s. As regards content on the internet, liability for such content and the regulation of audio-visual media, the main instruments are currently the Telemedia Act and the State Treaty on Radio and Television Broadcasting, both of which date to 2007; they are supplemented by the Provisions on the Protection of Minors, which were revised in 2002. The courts also play an important role because they must apply existing statutory provisions to the phenomenon “internet“. At times, the pace adopted by the legislature and the courts differs, which results in overlaps and contradictions. Internet radio has presented additional problems of a legal and political nature as it has developed into a new means of mass communication. Although the German Federal Constitutional Court (Bundesverfassungsgericht) recently confirmed once again that the broadcasting enterprises governed by public law are permitted to participate in such online offers, there is substantial political opposition to such participation. Still, it has to be made clear from the outset to all participants in this process that political, statutory and judicial determinations bear a “sell-by date“ in view of the rapid development of the internet.