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The Federal Constitutional Court (BVerfG) has rejected express requests from broadcasters to increase the transmission rate. ARD, ZDF and Deutschlandradio had not explained in more detail that a delay in the State Broadcasting Agreement “would lead irreversibly to serious disadvantages.”
This means that the monthly contribution cannot increase by 86 cents to 18.36 euros at the end of the year as originally planned.
The background is a decision by the Prime Minister of Saxony-Anhalt, Rainer Haseloff. On December 8, he prevented a vote on the State Broadcasting Treaty and thus temporarily blocked the increase. The radio license dispute had raged in the weeks leading up to the coalition crisis in Magdeburg because the CDU parliamentary group almost together with the AfD voted against the 86 cent increase.
Following BVerfG’s decision, this contribution will not increase for the time being. Broadcasters have apparently not adequately explained why they would not be able to fulfill their mandate if the contribution were to be increased later. According to the constitutional judges, they should have “shown in more detail” how and why the program suffers directly.
A later decision cannot be ruled out
That is not yet a fundamental judgment against the public media. In their decision, the constitutional judges also indicated that the lack of increase “would at least make possible a violation of the freedom of broadcasting protected by article 5 (1) sentence 2 of the Basic Law.” Even a subsequent increase in equipment could not necessarily compensate for an “immediate deterioration in program offering.”
The plaintiffs based their complaints mainly on decisions from 1994 and 2007. Consequently, needs-based funding is needed to ensure the functionality of the public broadcasting service. The freedom of broadcasting is guaranteed by article 5 of the Basic Law. Media policy issues may not be considered when determining contribution.
In fact, it is usually not the state parliaments that have to decide on the specific needs of broadcasters. This is verified by the »Independent Commission for the Determination of the Financial Needs of Broadcasters« (KEF). Although it is basically possible to deviate slightly from KEF’s recommendations, this must be justified in concrete terms.
