New state media treaty on the home stretch

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.

Don’t miss any news! With our daily newsletter you will receive all the news from heise online from the past 24 hours every morning.

“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

Google fined by AGCOM: you violate the rules on gaming and betting advertising

AGCOM has imposed a fine on Google for violating the rules on gaming and betting advertising Affected Google Ireland Limited thanks to the application of a European regulation. The amount of the fine is currently unknown.

by Manolo De Agostini published , at 11: 33 in the web channel

Google

AGCOM , the Italian Communications Authority, has raised a a fine administrative pecuniary sanction against Google Ireland Limited “for the violation of the legislation on prohibition of advertising relating to games or bets with cash winnings, as well as gambling “.

The Authority found that Google Ireland, owner of the service Google Ads (website indexing and promotion service), has allowed , through the online advertising positioning service, “the diffusion, upon payment, of links that direct to certain sites (landing page), in violation of the rules to combat gambling disturbance “. In particular, the company, through its search engine www.google.com, has published the paid ad of the sublimecasino.com site which carries out gaming and betting activities with cash winnings.

According to AGCOM, “ the activity carried out by Google Ads, beyond the cost of the service rendered, it cannot in any case be qualified as a hosting service , given that the characterizing element of the service does not consist of “hosting “the advertising message, but rather in allowing it to be disseminated through various internet sites receiving the message. The storage activity is, in fact, entirely ancillary and technically necessary for the provision of the main service which is instead aimed at the direct promotion of bets and paid games, an activity expressly prohibited by national law “.

For these reasons i, and in light of the (EU) Regulation 2019 / 1150 which also deems the indexing service providers established in foreign countries offering services for the Italian public, the Authority sanctioned the violation. The exact amount of the fine is not known , but it is an unprecedented action – thanks to the implementation of the European regulation – against a reality that is not based in Italy.