TV Breakout Programmes: Consequences of the Regulation of Art. 25 (4) Clause 4, Interstate Broadcasting Treaty (RStV)

On behalf of the federal states Hamburg, North Rhine-Westphalia, Lower Saxony, Schleswig-Holstein, Saxony, Hesse, and Brandenburg, the study has examined the consequences of the new regulation of Art. 25 (4) clause 4 RStV for regional tv breakout programmes and has aimed to provide a neutral basis for decision-making as to whether and – as necessary – how guidelines on the relation between broadcasters of primary programmes and breakouts should be issued.

Art. 25 (4) clause 4 RStV stipulates that, in the two tv stations with the widest range regional channels, breakouts have to be inserted. According to Art. 25 (4) clause 4 RStV, the breakout channel broadcasters and the primary channel broadcasters should not relate to one another as affiliated undertakings pursuant to Article 28. The reasonableness of this ruling is being contested.

The study encompassed two modules, one systematic analysis of the rules according to legal principles and one comparative communicator-study. Furthermore, results of the ongoing comparative programme analysis by the Institute for Media Research (IMGÖ), Göttingen/Cologne, on behalf of the State Media Authorities, were incorporated.

The study terminated in September 2008.