The organisation of broadcasting requires a licence.
As a private broadcaster, you need a licence under state law. For shipments that
- are organised and disseminated in the local area of a public event and in the temporal context thereof, or
- are offered to institutions, can only be received there and are functionally related to the tasks to be performed in these institutions
a simplified authorisation procedure is possible.
Consignments for a limited number of residential units or consignments in facilities limited to a building or a complex of buildings belonging together do not require authorisation.
A licence for broadcasting broadcasting broadcasting throughout Germany may only be granted to a natural or legal person who:
- has unlimited legal capacity,
- has not lost the ability to hold public office by judgment,
- has not forfeited the fundamental right to freedom of expression in accordance with Article 18 of the Basic Law,
- is not prohibited as an association,
- has its domicile or registered office in the Federal Republic of Germany, another Member State of the European Union or another State party to the Agreement on the European Economic Area and may be prosecuted,
- guarantees that it organises broadcasting in compliance with the statutory provisions and the administrative acts adopted on that basis.
Admission may not be granted to legal persons under public law, with the exception of churches and universities, to their legal representatives and senior officials, as well as to political parties and voters' associations. The same applies to companies affiliated with the aforementioned under stock corporation law.
An application containing the type of broadcasting and the category of programme, the duration of the programme, the transmission technology, the intended distribution area and the form of financing, a programme scheme and a financing plan are required.
In addition, a police certificate of good conduct is required for private individuals. Companies must also submit police clearance certificates for their statutory or legal representatives as well as a articles of association.
Whether an electronic information and communication service is to be assigned to broadcasting is determined by the competent state media authority in agreement with all state media authorities.
- Act on the State Treaty on Broadcasting (RStV) in unified Germany and amending the State Broadcasting Act,
- Act on the Interstate Treaty on the Protection of Minors in the Media (JMSchStV) and on the amendment of the State Broadcasting Act.
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