Law firm BUSE HERZ GRUNST advices clients on all question of media law. We assist in the assertion and defense of media law claims, contracts in media matters and represent clients in all stages of the proceedings.
This is the Media Law
Media law includes the preamble parts of the public law, criminal and civil law, which regulates individual and universal, that is, mass information and communication.
Media law under the public law
Part of the media law, which is subjected to the public law, includes the whole broadcasting law, press law, film rights, telemedia and the telecommunications law.
The starting point for these areas is the constitutional protection of freedom of expression by Art. 5 (GG).
This protection can be devided into three areas:
- Freedom of the press and broadcasting, Art. 5 para. 1 s. 2 GG,
- Freedom of information, Art. 5 para. 1 s. 1 (2) GG,
- Freedom of expression, Art. 5, para. 1 s. 1(1) GG
It should be noted that under the Art. 5 para.1 s. 2 GG the censorship is prohibited in the Federal Republic of Germany.
Limitations arise under the Art. 5 para . 2 GG by the general laws, the provisions for the protection of young people and in the right to personal honor.
The media law is detailed in public special laws, such as:
- Broadcasting Treaty
- Telemedia Act
- State Press Act
- Federal Data Protection Act
The following areas of media law fall under the regulation of public law:
- Broadcasting law
- Press law
- Law applicable to the motionpicture
- Law of telemedia and telecommunication
Media law under the civil law
Also in civil law, the media law has a strong presence.
The basis here is the constitutional protection of property aswell as the binding of the mass media to certain obligations and tort law. Among the protected legal interests there are the general personal rights and the specific personal rights such as the right to the own image, the protection of honor, the right to personal name, the right to the undertaking.
With respect to their liability, the media are linked to their journalistic duty of care which forms the standard of liability in individual cases. It can be basically assumed that the author is liable for the content himself. On the other hand, liability for dessimination should be also considered with regard to the content of the third party.However there are also diverse liability privileges such as regulated under § 13 para.6 n. 1 UWG.
The person who is affected by the inadmissable statement in the media, has various civil remedies to enforce his rights or to protect his legal interests. Against inadmissible expressions of opinion an injunctive relief , a right to compensation or a claim for monetary compensation can be enforced. Against inadmissible factual claims also a claims of rectification and of counter statement should be considered.
Media law under the criminal law
In criminal law, there are also for media law relevant regulations. For example, § 193 of the Criminal Code (insulting facts) is designed as justification for safeguarding legitimate interests. Also in different states Press Acts relevant regulations can be found, for example § 20 of Berlin Press Act.
In addition, legal legulation of § 53 of the code of criminal procedure and § 383 of the code of civil procedure refers to the journalistic right to refuse to give evidence. Moreover some specific privileges to prohibition of confiscation and search are found under §§ 94 et.seq. 111, 111n, 102 of the code of criminal procedure.
Our legal services in the field of media law
We advice you on the following topics:
- Enforcement of claims made under the media law
- Defence against claims made under the media law
- Protection agains unauthorised picture-taking (right to the use of the personal image)
- Legal actions agains violation of personality
- Enforcement of data protection rights
- Drafting of contracts in the field of media law
The law firm Buse Herz Grunst advices clients on all questions of media law.
The field of media law is supervised by our legal expert Norman Buse.