The regulations are related to telemedia. Telemedia are all electronic information and communication services unless they are telecommunications services as per Section 3, subparagraph 24 of the Telecommunications Act which wholly involve the transmission of signals via telecommunications networks, or are telecommunications-supported services pursuant to Section 3, subparagraph 25 of the Telecommunications Act or radio broadcasting as per Article 2, Section 1, sentences 1 and 2 of the draft State Media Treaty [Medienstaatsvertrag – MStV].
Article 1, Sections 1, 2, 18, 19, 22, 74, 78 to 96, 117, paragraph 1, sentence 2, subparagraphs 2, 16, 21 to 44 and Article 2 of the draft State Treaty on the modernisation of media legislation in Germany
Articles 1 and 2 of the ‘State Treaty on the modernisation of media legislation in Germany’ will replace the previous State Treaty on radio broadcasting with a State Media Treaty. In addition to adjustments to the previous structure of the State Treaty on radio broadcasting, the State Media Treaty contains requirements which are media-specific and which secure pluralism in the notified individual regulations for gatekeepers (e.g. search engines, smart TVs, voice assistants, app stores, social media). These services are accounted for as media platforms, user interfaces or media intermediaries. With regard to the requirements for free individual and public opinion formation, transparency requirements for political advertising and social media are also expanded or introduced. Telemedia particularly relevant to opinion (which regularly contains news or political information as content) are obliged to comply with journalistic standards.
Further regulations of the draft State Treaty also include the requirements of Directive 2018/1808/EU of the European Parliament and of the Council of 14 November 2018 amending Council Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities.