The new state media treaty with rules for online platforms is facing the last hurdle and is expected to come into force shortly. With the exception of Mecklenburg-Western Pomerania, all the other state parliaments have already agreed, as the State Chancellery of Rhineland-Palatinate announced on dpa request. In the next week (28. October) the state treaty will be on the agenda for ratification in the Schwerin state parliament. Consent is considered certain. There is criticism from the digital industry.

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“Media companies are not waiting for day X” The Rhineland-Palatinate Media State Secretary Heike Raab (SPD) told the German Press Agency about the State Treaty: “If everyone 16 ratifications are available, it can enter into force immediately. ” Media policy is the responsibility of the federal states, Rhineland-Palatinate coordinates broadcasting matters. Raab also said: “The broad public debates on the State Media Treaty have already brought about changes: We are noticing that the media companies are not waiting for day X. They have already changed things in the course of the parliamentary deliberations.”

The Interstate Media Treaty is intended to replace the Interstate Broadcasting Treaty in force since 1991, which defines the rules for broadcasting in Germany. What’s new: It also applies to online platforms such as smart TVs, i.e. TV sets with internet access and user interfaces, as well as to social media and platforms such as search engines that provide media content but do not produce it themselves.

Handling of media content The set of rules includes, for example: Media content on the Internet should be available in a non-discriminatory manner – platforms must therefore not push certain content into the background without a justified reason. They are also not allowed to be changed technically without your consent. And advertising must not overlay the media content without the consent of the user. The state chiefs had already signed the state treaty in April, now the votes in the state parliaments followed gradually. Unanimity is required for the State Treaty to come into force.

Raab emphasized: “Many of the changes are also immediately noticeable and visible to citizens, for example the requirements for easy findability in user interfaces . ”

Ambiguity and great legal uncertainty The digital association Bitkom sees ambiguities for the industry. Susanne Dehmel as a member of the Bitkom management emphasized: “The companies are preparing for the entry into force of the State Treaty – as best it is currently possible. It is still simply unclear which services the new requirements are to be applied to.” Platform providers find it difficult to assess whether they fall under the provisions of the State Media Treaty at all and, if so, with which part of their service.

About the State Treaty, Dehmel also said: “For the companies concerned, it primarily generates great legal uncertainty. ” A Facebook spokesman said: “We already meet many of the specified requirements. With the statutes of the State Treaty that are currently being drawn up, we expect further details that we will examine.”

Concern about a supervision of the state media authorities The independent state media authorities, which in Germany the private radio and also supervise media content on the Internet, had already