2023 Volume 7 Issue 1 Pages 185-214
Whether or not internet streaming services classify as "broadcasting" that requires a license has been intensely debated in Germany for the past few years. This question must be primarily examined with reference to the concept of "broadcasting" as defined in the Interstate Media Treaty (Medienstaatsvertrag) which came into effect on November 7, 2020. Even in cases where streaming media are classified as broadcasting according to the Interstate Media Treaty, however, they may not necessarily need a broadcasting license to offer their services. In other words, § 54 of the Interstate Media Treaty allows for "license-free" broadcasting, i.e. for exceptions to the principle of mandatory licensing. By this provision the Interstate Media Treaty attempts to resolve to some extent the issues surrounding the concept of "broadcasting" and the distinction between broadcasting and streaming media services. This paper analyzes the details of the provision regarding "license-free" broadcasting referred to in § 54 of the Interstate Media Treaty as well as the procedures and criteria for "license-free" broadcasting.
