Introduction

The State Media Treaty (MStV) is a legal framework in Germany that regulates media and communications. It came into force on November 7, 2020, replacing the Interstate Broadcasting Treaty (RStV), which previously formed the basis for the regulation of broadcasting and telemedia in Germany. The MStV is an important milestone in the German media landscape, as it brings media content regulation into the digital age.

Background and context

The State Media Treaty was introduced to modernize the regulation of media content in Germany and adapt it to the constantly changing digital media landscape. It takes into account the increasing importance of online media and streaming services and ensures that these services are regulated in a way that protects consumers and preserves media diversity.

The MStV was adopted by the 16 German states and is an example of the federal structure of German media regulation. Each state has the option of enacting its own laws and regulations for media regulation, as long as they do not violate the MStV.

Main provisions of the Interstate Media Treaty

The Interstate Treaty on the Media contains a number of provisions covering various aspects of media regulation. Some of the key provisions are:

Platform regulation

The MStV contains provisions regulating media platforms and user interfaces. These provisions aim to ensure transparency and fairness in the way content is presented and accessed on these platforms. They oblige platform operators to ensure that their algorithms and recommendation systems are not used to favor or discriminate against certain content.

Regulation of intermediaries

The MStV also contains provisions regulating intermediaries, i.e., companies that act as intermediaries between content providers and users. These provisions aim to ensure that intermediaries do not abuse their position to control or restrict access to certain content.

Protection of minors

The MStV contains strict provisions for the protection of minors in the media. These provisions require media providers to ensure that their content is not harmful to minors and that appropriate measures are taken to protect minors from potentially harmful content.

Advertising and sponsorship rules

The MStV also contains provisions regulating advertising and sponsorship. These regulations specify how and when advertising and sponsorship may be presented in the media to ensure that these practices are transparent and not misleading.

Diversity and pluralism

The MStV attaches great importance to ensuring diversity of opinion and offerings in the media. It contains provisions to ensure that all significant political, ideological and social forces and groups have an appropriate voice in the media and that the views of minorities are taken into account.

Regulation of media concentration

The MStV also contains provisions for regulating media concentration to prevent individual companies or persons from gaining too much control over the media landscape. These provisions include rules restricting ownership and control of media companies and ensuring the independence of media content.

Effects and significance of the Interstate Media Treaty

The State Media Treaty has far-reaching implications for the media landscape in Germany. It ensures that all media providers, including online media and streaming services, play by the same rules and that consumers are protected from harmful or misleading content.

In addition, the MStV helps preserve media diversity in Germany by ensuring that a broad range of voices and perspectives are represented in the media. This is particularly important at a time when the media landscape is increasingly dominated by large multinational corporations.

Overall, the Interstate Treaty on the Media is an important step toward modernizing media regulation in Germany and adapting to the challenges and opportunities of the digital age.