The specific need for the regulation of traditional broadcasting is justified by the Federal Constitutional Court with the particular importance of radio and television for the formation of public and individual opinion and with the structural deficits of purely commercial offerings regarding constitutional stipulations. That a market-related provision of broadcasting shows deficits (i.e. information asymmetries, problems to internalise external effects) is supported by media-economic analyses. Thus, legislation has not been limited to the regulation of private broadcasting; it created a dual broadcasting system of commercial providers and public service broadcasters that are independent from the market.
In view of numerous communication services, such as the internet, the question arises what significance these services have for the formation of public and individual opinions and to what extent purely commercial offering show deficits concerning constitutional law.
RP2 - Regulatory Structures and the Emergence of Rules in Digital Communication