Monitoring media pluralism in the digital era : application of the Media Pluralism Monitor in the European Member States and candidate countries in 2023 : country report : Germany.
Date: 2024-07-31
Institutions: European University Institute
Subjects: EU candidate countries, European Union, Germany, access to EU information, communications profession, digital technology, freedom of communication, mass media, pluralism in the media, right to information

MONITORING MEDIA
PLURALISM IN THE DIGITAL ERA
APPLICATION OF THE MEDIA PLURALISM
MONITOR IN THE EUROPEAN MEMBER
STATES AND CANDIDATE COUNTRIES IN
2023

Country report: Germany

Jan Christopher Kalbhenn, University of Münster, ITM

Research Project Report

Issue -

June 2024

TABLE OF CONTENTS

1. About the project

1.1. Overview of the Project

1.2. Methodological notes

2.

Introduction

3. Results of the data collection: Assessment of the risks to media

pluralism

3.1. Fundamental Protection (16% - low risk)

3.2. Market Plurality (47% - medium risk)

3.3. Political Independence (10% - low risk)

3.4. Social Inclusiveness (38% - medium risk)

4. Conclusions

5. Notes

6. References

Annexe I. Country Team

Annexe II. Group of Experts

4

4

4

6

8

11

15

19

23

26

28

29

 
 
 
 
 
 
© European University Institute 2024
Editorial matter and selection © Jan Christopher Kalbhenn, 2024

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1. About the project

1.1. Overview of the Project

The Media Pluralism Monitor (MPM) is a research tool that is designed to identify potential risks to media
pluralism in the Member States of the European Union and in Candidate Countries. This narrative report
has been produced on the basis of the implementation of the MPM that was carried out in 2023. The
implementation was conducted in 27 EU Member States, as well as in Albania, Montenegro, The Republic
of North Macedonia, Serbia and Turkey. This year a part of the MPM has also been piloted in Bosnia and
Herzegovina and Moldova. This project, under a preparatory action of the European Parliament, was
supported by a grant awarded by the European Commission to the Centre for Media Pluralism and Media
Freedom (CMPF) at the European University Institute.

1.2. Methodological notes

Authorship and Review

The CMPF partners with experienced, independent national researchers to carry out the data collection and
to author the narrative reports. The research is based on a standardised questionnaire that was developed
by the CMPF.

ITM), who
In Germany the CMPF partnered with Jan Christopher Kalbhenn (University of Münster,
conducted the data collection, scored and commented on the variables in the questionnaire and interviewed
experts. The report was reviewed by the CMPF staff. Moreover, to ensure accurate and reliable findings, a
group of national experts in each country reviewed the answers to particularly evaluative questions (see
Annexe II for the list of experts). For a list of selected countries, the final country report was peer-reviewed
by an independent country expert. Risks to media pluralism are examined in four main thematic areas:
Fundamental Protection, Market Plurality, Political Independence and Social Inclusiveness. The results are
based on the assessment of a number of indicators for each thematic area (see Table 1). 

The Digital Dimension

The Monitor does not consider the digital dimension to be an isolated area but, rather, as being intertwined
with the traditional media and the existing principles of media pluralism and freedom of expression.
Nevertheless, the Monitor also extracts digitally specific risk scores, and the report contains a specific
analysis of the risks that related to the digital news environment.

The Calculation of Risk

The results for each thematic area and Indicator are presented on a scale from 0 to 100%. 

Scores between 0% and 33%:  low risk

Scores between 34% and 66%: medium risk

Scores between 67% and 100%: high risk

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With regard to the Indicators, scores of 0 are rated as 3%, while scores of 100 are rated as 97%, by default,
in order to avoid an assessment that offers a total absence, or certainty, of risk.

Fundamental Protection

Market Plurality

Political Independence

Social Inclusiveness

Protection of freedom of
expression

Transparency of media
ownership

Political independence of
the media

Representation of
minorities

Protection of right to
information

Plurality of media
providers

Editorial autonomy

Plurality in digital markets Audiovisual media, online

Journalistic profession,
standards and protection

Independence and
effectiveness of the media
authority

Media viability

Universal reach of
traditional media and
access to the Internet

Editorial independence
from commercial and
owners' influence

platforms and elections

State regulation of
resources and support to
the media sector

Independence of PSM

Local/regional and
community media

Gender equality in the
media

Media Literacy

Protection against
disinformation and hate
speech

Table 1: Areas and Indicators of the Media Pluralism Monitor 

Methodological Changes 

For every edition of the MPM, the CMPF updates and fine-tunes the questionnaire, based on the evaluation
of the tool after its implementation, the results of previous data collection and the existence of newly
available data. The results obtained for these indicators are therefore not strictly comparable with those
results obtained in the previous edition of the MPM. The methodological changes are explained on the
CMPF website at http://cmpf.eui.eu/media-pluralism-monitor/.

Disclaimer: The content of the report does not necessarily reflect the views of the CMPF, nor the
position of the members composing the Group of Experts. It represents the views of the national
country team who carried out the data collection and authored the report. Due to updates and
refinements in the questionnaire, MPM2024 scores may not be fully comparable with those in the
previous editions of the MPM. For more details regarding the project, see the CMPF report on
MPM2024, which is available on: http://cmpf.eui.eu/media-pluralism-monitor/.

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2. Introduction

Country overwiew. Since German reunification in 1990,
the Federal Republic of Germany has
consisted of 16 federal states. According to an initial estimate by the Federal Statistical Office
(Destatis), around 84.7 million people lived in Germany at the end of 2023. Compared to the end of
2022, the population thus grew by a good 0.3 million people. The increase corresponds to the average
for the years 2012 to 2021 and was significantly lower than in 2022, when the population increased by
(Federal Statistical Office
1.1 million people, mainly as a result of strong immigration from Ukraine.
2023). The average age in Germany in 2022 was 44.6 years (Statsista).

Languages German is the official
smaller languages are recognized. These include Danish, Sorbian, Frisian and Low German.

language and is used in the national media. In addition, some

Minorities Over 26 percent of the population have a migration background. Immigrants from EU
countries mainly come from Poland, Romania and Italy. Migrant backgrounds from non-EU countries
are mainly Turkish, Syrian, Ukrainian and Russian. Some historical minorities are granted special legal
recognition (e.g.
rules to ensure representation in regional
parliaments). These include around 70,000 Roma and Sinti, 60,000 Sorbs and 50,000 Danes and
Frisians. Figures on national minorities in Germany are based on estimates only. Since the end of the
Second World War, population statistics and socio-economic data have generally not been collected on
an ethnic basis in the Federal Republic of Germany.

legal protection, special electoral

Economic situation The German economy is in recession. The overall economic situation at the turn
of 2023/24 remains very weak due to the after-effects of
in particular the
considerable loss of purchasing power as a result of the massive rise in energy and food prices, the
weak global economic development, the geopolitical crises and the tightening of monetary policy.
According to initial, preliminary information from the Federal Statistical Office, gross domestic product
fell by around 1.4% at the end of the year compared to the previous quarter, adjusted for price,
seasonal and calendar effects. (BMWK). The inflation rate in Germany - measured as the change in the
consumer price index (CPI) compared to the same month of the previous year - was +2.5% in February
2024. In January 2024, the inflation rate was +2.9% and in December 2023 it was +3.7%.

the previous crises,

Political situation. Since December 2021, Germany has been governed by a traffic light coalition
under the leadership of Federal Chancellor Olaf Scholz. His social democratic party, the SPD, has
been in coalition with the liberal Free Democrats (FDP) and Alliance90/The Greens. Approval ratings
for this government are currently very low. This is partly due to the economic situation, but probably
also to the fact that the coalition presents a very divided public image. The elections in three eastern
German states in 2024 are highly significant. According to the latest polls, the Alternative for Germany
(AfD) could win a majority in Saxony for the first time. The party is led there by far-right politician Björn
Höcke. However, it is still unclear what effect the newly founded party Bündnis Sarah Wagenknecht
(BSW) will have. This party is expected to prevent the AfD from gaining a majority and to permanently
reorganize the party landscape.

Media Market. Total revenues from audio and audiovisual media in Germany are expected to grow by
2.6% to a total of EUR 15.5 billion in 2023 (previous year: EUR 15.1 billion). The main drivers of this
growth are revenues from subscriptions and advertising in the streaming segment. At the same time,
however, VAUNET is forecasting a slight decline of 1.1% in pure net advertising revenue for all audio

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and audiovisual media.
(VAUNET 2023). The decline in linear television is again evident in all age
groups under 70, with media libraries and YouTube offerings unable to compensate for this drop in
usage. (Kupferschmitt/Müller 2023). The newspaper sector revenue was 6.828 billions in 2022 (last
numbers by BDZV). There is no separate market data for the digital sector. However, traditional media
are increasingly making up for losses from traditional distribution channels with their digital divisions.
Total media consumption in Germany across all media genres amounted to 11 hours and 9 minutes per
day in 2023 and fell by 11 minutes compared to the previous year (previous year: 11 hours and 20
minutes).

Regulatory environment. The federal state is characterized by the fact that responsibilities for certain
subject areas are divided between the federal government and the individual states. Media legislation is
the responsibility of the federal states. Each federal state has its own state media law and its own press
law. The area of local radio broadcasting, for example, is regulated differently in each federal state
(Kalbhenn, 2024). Uniform federal regulations can be found, for example, in the State Media Treaty
(where the federal states conclude a state treaty). The German media system is characterized by the
coexistence of public and private broadcasting (dual system). In addition to nine (regional) state
broadcasters, there is a nationwide television broadcaster, ZDF, and a nationwide radio broadcaster,
Deutschlandradio. Important impetus for the further development of the media law framework often
comes from the Federal Constitutional Court. The regulatory framework increasingly takes digital
platforms into account (Holznagel & Kalbhenn, 2021). The transparency rules for media platforms from
the Interstate Media Treaty and the action against criminals from the Network Enforcement Act
(Hemmert-Halswick, 2021) now apply at European level through the Digital Services Act (Flamme,
2024). The Federal Network Agency (BNetzA) will be responsible for supervising providers and
enforcing the DSA in Germany, and a coordination office is to be set up at the BNetzA. (Bundestag,
2024). A law against digital violence is currently being planned, which will make it possible to take more
effective action against hate crime online, for example by blocking accounts; however, only "key points"
are currently available (BMJ, 2023). Public service broadcasting is also facing a major reform process.
A major reform treaty is to be presented in the fall. (Broadcasting Commission of the federal states,
2024).

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3. Results of the data collection: Assessment of the risks to media pluralism

As in previous years, the results of the MPM 2024 show on average rather low risks for media pluralism in
Germany. Germany has a diverse media landscape with strong private media companies. In addition, media
diversity benefits from strong public broadcasting, which collects around EUR 8 billion in contributions. At
15.5 billion euros, private audio-visual media revenues are at the same level as before the crisis. This is due
not least to digital sources of income. In the local media sector, publishers are already withdrawing from the
delivery of print editions. From May 1, 2023, part of the distribution area of the "Ostthüringer Zeitung" will no
longer receive the printed edition and subscribers will receive the e-paper instead. This is a first in Germany.
(FAZ). The pressure to reform public broadcasting is very high and a corresponding law is to be passed in
autumn 2024, which is primarily aimed at modernizing the structures and making them more efficient.

There were long discussions in the area of media supervision in Germany in 2023. The state media
authorities were previously responsible for monitoring and enforcing transparency and non-discrimination
regulations from the Interstate Media Treaty for online platforms. These regulations can now be found in the
Digital Services Act. When appointing the Digital Services Coordinator, Germany chose the Federal
Network Agency early on. The state media authorities feared losing their competence in this area. However,
the latest version of the implementation law stipulates cooperation between the authorities on this issue.
Transparency of media ownership is still well developed in Germany. There are regulations and the CEC
maintains an easily accessible database from which ownership structures can be read. There has been no
interference from politicians; only when the new director of rbb was appointed was the Minister President
asked the Administrative Board to pay attention to the salary structure. The legal framework for the
protection of journalists has not changed in 2023. By and large, the risk in this area in Germany is rather
low.

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In the area of Fundamental Protection all indicators show a low risk. The highest risk indicator here is
Universal Reach of traditional media and access to the internet. The increased risk for this indicator is
primarily due to the high concentration in the telecommunications sector, i.e. also among internet providers.
The high concentration is countered by a correspondingly high level of regulation. This is the responsibility
of the Federal Network Agency, which has now also been appointed Digital Service Coordinator and can
now also contribute its experience in the area of market-dominating platforms.

The area of Market Plurality as a whole has a medium risk. The indicator for the Plurality in Digital Markets
has a medium risk. There are two reasons for this. Firstly, there is a high concentration in the area of online
platforms, which can also have a negative impact on media plurality. In addition, this sector is characterized
by a high lack of transparency. The Plurality of Media Providers indicator also shows a medium risk. As in
previous years, this is due to a media concentration law that has not yet been adapted to the digital
challenges. The Media viability indicator has a high risk rating for the first time. This is due to the fact that
there is an increasing number of worrying reports, particularly in the press sector
(terminations,
discontinuation of titles). There is a medium risk in the area of Editorial Independence from Commercial and
Owner Influence. Due to historical experience, there have been high barriers against state and commercial
influence in Germany for decades.

In the area of Political Independence, all indicators show a low risk. However, the area of Audio Visual
Media, Online Platforms and Elections as well as the area of State Regulation of Resources and Support to
the Media Sector show higher risks. As in previous years, this is due to the fact that the legal framework for
online election campaigns is not very well developed. In addition, there is hardly any state aid for the media.
However, this discussion has gained momentum in 2023.

In the area of Social Inclusivenes, the risk is unevenly distributed, on average in the medium range. This
year, the Media Literacy indicator is associated with a medium risk. This is, among others, due to the fact
that media literacy campaigns do not reach all population groups. The indicator of Gender Equality in the
Media is classified as high risk. This is due to the fact that it is mainly men who are active in management
functions. The area of Representation of Minorities in the Media is marked as medium risk, mainly because
not all minority groups are provided with information via the traditional media.

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  Focus on the digital environment

Independence and Social

there is a significantly higher risk in terms of Fundamental
In the area of digital platforms,
Protection, Political
Inclusiveness compared to traditional offline
environments. Conversely, the risk in terms of Market Plurality is relatively lower. Despite legislative
efforts to regulate digital media through media laws, certain risks remain unaddressed, such as
ensuring equal opportunities in online election campaigns and addressing shortcomings in media
concentration laws. The effectiveness of new tools for the digital environment aimed at preserving
media diversity in the face of the growing influence of media intermediaries, including algorithmic
recommendation systems and measures against hate speech and disinformation, remains to be seen
in the future. With the implementation of the Digital Services Act, a new structure of responsibilities is
developing here that will have to prove itself. Hate speech continues to be a major problem in the
digital environment. A nationwide study from February 2024 provides impressive evidence of this
problem (Kompetenznetzwerk 2024). It comes to the conclusion that almost one in two people (49%)
have already been insulted online. More than half of respondents are less likely to express their own
political opinion online (57%), participate less in discussions (55%) and deliberately formulate posts
more cautiously (53%) due to fear. 82% of respondents fear that online hate is a threat to diversity on
the internet.

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3.1. Fundamental Protection (16% - low risk)

The Fundamental Protection indicators represent the regulatory backbone of the media sector in every
contemporary democracy. They measure a number of potential areas of risk, including the existence and
effectiveness of the implementation of regulatory safeguards for freedom of expression and the right to
information; the status of journalists in each country, including their protection and ability to work; the
independence and effectiveness of the national regulatory bodies that have the competence to regulate the
media sector, and the reach of traditional media and access to the Internet.

The Fundamental Protection in Germany is well developed. The right to freedom of expression and the
right to information are guaranteed in the Basic Law, and legal protection is effectively implemented. All five
indicators show low risks. There are hardly any changes compared to the previous year.

The available data shows that the Protection of Freedom of Expression in Germany poses a low risk to
media pluralism (15%). Compared to the MPM 2023 (15%), this indicator has not changed. Article 5 (1) of
the Basic Law states: "Everyone has the right to freely express and disseminate his opinions in speech,
writing and pictures and to inform himself without hindrance from generally accessible sources. Freedom of
the press and freedom of reporting by radio and film are guaranteed. There shall be no censorship." In
2022, the "Act to Combat Right-Wing Extremism and Hate Crime" came into force, which aims to prosecute
hate crime with an extreme right-wing background more effectively, particularly on the internet. The law
adapts certain expressive offenses to communication on the Internet. In order to strengthen private law
enforcement in the future, the Federal Ministry of Justice (BMJ) is planning a law against digital violence. So
far,
there is only a key issues paper with three main objectives. Strengthening private information
procedures, entitlement to a court-ordered account block, facilitation of service. The law is intended, for
example, to structure private information procedures in such a way that those affected by digital violence
can find out who wrote the content within a few days in the event of an obvious violation of the law, such as
death threats. In all other cases, the court should at least be able to order data storage within a few days of
the information procedure being initiated. The right to court-ordered account blocking is intended to improve
legal protection against persistent online offenders. In this way, those affected should be able to effectively
defend themselves against being repeatedly denigrated, defamed or threatened by the same user of a
social network. Social networks are obliged to name a contact person in Germany (so-called domestic

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authorized recipient) to whom letters can be formally delivered (BMJ).

that

in 2023 (3%). This is due to the generally good legal standard and the fact

In terms of Protecting the Right to Information (3%), the risk has remained the same compared to the last
assessment
the
Whistleblower Directive has now been implemented. On July 2, 2023, the Whistleblower Protection Act,
which implements the Directive, came into force. (BMJ). However, many of the obligations it contains for
companies will not become mandatory until the end of 2023, meaning that it is not yet possible to make any
serious statements about the impact and effectiveness of the German transposition law. The law has
received mixed reviews. Academics have expressed positive opinions so far, while civil society
organizations have criticized its implementation. The law gives whistleblowers the choice of whether they
want to report breaches internally or externally. Companies with up to 249 employees had until December
17, 2023 to set up internal reporting offices. The law only came into force in July 2023, so it is still too early
to answer the question of its effectiveness. Nevertheless, two things can be noted: 1. the website of the
reporting office is very easy to find and easy to understand and clearly designed 2. law firms use the new
law as a business model and offer their services as an external reporting office. Neither Transparency
International nor the German Whistleblower Network list arbitrary sanctions against whistleblowers. Such
cases are also not known from media coverage or case law. Article 5 (1) of the Basic Law recognizes the
right to information. In addition, the Freedom of Information Act grants every citizen the right to request
information from federal authorities. Most federal states have similar laws that require the disclosure of
information. The right to information can be asserted in court and can also arise from the constitution
without specific legal provisions. A systematic or arbitrary refusal of information by the courts has not yet
been established.

this indicator has not changed. Journalists in Germany are not

The Journalistic profession, standards and protection indicator shows a low risk (25%). Compared to
the target of
the MPM 2023 (25%),
government smear campaigns. The relationship between politicians and journalists is generally very
professional. But the tone is getting rougher. The AfD (Alternative for Germany) party in particular relies on
accusing journalists of being biased and partisan, for example when the party is described as "right-wing
extremist". The AfD is also known for attacking independent media. Both the federal AfD and the AfD in
Thuringia are calling for the state broadcasting contracts to be terminated and for public broadcasting to be
replaced by a completely new concept. Björn Höcke, the chairman of the AfD in Thuringia, confirmed these
plans in a speech on November 6, 2023. This year, this vision could become reality in at least some federal
states, as current election forecasts predict that the AfD will be the strongest force in the state elections in
Thuringia, Saxony and Brandenburg in September. If the party succeeds in becoming prime minister, the
exit from the public broadcasters would most likely already be sealed. (Verfassungsblog Mast). In addition,
the AfD regularly presents legislative proposals in all state parliaments with which it exerts pressure on the
media system and presents the existing conditions as unacceptable. In principle, working conditions in
Germany are good. Journalism is a free profession in Germany, for which no license is required, and the
abundance of media offers numerous employment opportunities. Journalists enjoy certain privileges, such
as the right to protect their sources and to refuse to testify in court proceedings. They also have the right of
access to information under press laws and are protected from searches and seizures. Compared to the
previous year, the number of physical attacks on journalists has increased significantly (2023-2022). A total
of twelve physical attacks (out of a total of 56) were verified. This is reported by the European Center for
Press and Media Freedom (ECPMF) in its new study "Enemy Image Journalist:in 7: Professional Risk
Proximity". The upcoming SLAPP Directive is welcomed in Germany (Verfassungsblog 2022). However,
there is still no empirical study that shows the number of potential SLAPP cases in Germany
(Kalbhenn/Rennert/Bayer 2022).

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The indicator for the Independence and Effectiveness of the Media Authority shows a low risk (3%).
Compared to the MPM 2023 assessment (3%), there has also been no change. The media authorities work
independently within the framework of the applicable laws. They enjoy a legal guarantee of independence
from political and economic influence. Their decisions can be challenged before the administrative courts. In
recent years, the German media authorities have gained experience in monitoring media intermediaries
such as Facebook and Google. The state media authorities have also spent 2023 asserting these
responsibilities vis-à-vis the federal government. The appointment of a Digital Service Coordinator quickly
boiled down to the Federal Network Agency being the only authority to be appointed. After a long political
tug-of-war over the DSA supervisory structure, the DDG draft in Section 12 (2) sentence 2 now takes
account of the division of competences between the federal government and the federal states enshrined in
the Basic Law and the principle of media supervision being independent of the state by designating the
state media authorities as the competent authority. (Media authorities)

The Universal Reach of Traditional Media and Access to the Internet in Germany are subject to a low
risk (33%). Compared to the MPM 2023 assessment (8%), however, there has been an increase of 25
percentage points. The greatest risk indicator is the concentration of the four largest internet providers,
which account for 87% of the market in Germany. However, it must be said that these monopolists are
heavily regulated under telecommunications law. Nationwide coverage by the PSM is guaranteed in
Germany. In 2023, an update of the Interstate Media Treaty (3rd MÄStV) came into force with a new
Section 26: "The public broadcasters have the task of providing a comprehensive offering for everyone. In
designing their offerings, they should make use of the opportunities arising from their contribution financing
and contribute to the diversity of media offerings with their own impulses and perspectives. All population
groups should be able to participate in the information society." In January 2024, a commission of experts
It also aims to sharpen the
submitted far-reaching reform proposals for public service broadcasting.
mandate of PSM in such a way as to ensure that
the entire population is reached as digitalization
progresses. The entire population can receive public television, radio and internet services. Broadband
coverage is at medium risk. Although 97% of the population is supplied with 30 Mbit/s or more, the change
of data source for this variable and a variable on the Internet raised the thresholds for risk levels. In some
rural parts of Germany, broadband expansion is slow (Holznagel 2022).

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  Focus on the digital environment

The guarantee of freedom of expression is equally enshrined in the constitution both online and
offline. A nationwide survey clearly shows the problem with hate speech online. The study "Lauter
Hass - leiser Rückzug" (Competence Network Hate on the Net, 2024) concludes that almost every
second person (49%) has already been insulted online. A quarter (25%) of respondents have been
confronted with physical violence and 13% with sexualized violence. People with a visible migration
background (30%), young women (30%) and people with a homosexual (28%) or bisexual (36%)
orientation are particularly frequently affected according to their own statements. Almost every second
young woman (42%) has already received an unsolicited nude photo. The Federal Constitutional
Court has recently repeatedly pointed out the specific dangers of online communication and called on
legislators to take these into account in their legislation. This has led to adjustments in relation to
various expression offenses. There is still a lack of transparency regarding deletion and filtering
practices as well as the criteria for evaluation in the increasingly important area of online
communication. Although transparency provisions exist in the Network Enforcement Act, the figures
and data contained in the reports are often incomplete and difficult to compare. The Digital Services
Act could shed more light on this. The reform of public service broadcasting aims to enable a digital
it has already been
transformation and convert some programs into online offerings. However,
pointed out that this must not happen at the expense of the older generation, who still mainly
consume traditional television.

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3.2. Market Plurality (47% - medium risk)

The Market Plurality area considers the economic dimension of media pluralism, assessing the risks
deriving from insufficient transparency in media ownership, the concentration of the market in terms of both
production and distribution, the sustainability of media content production, and the influence of commercial
interests and ownership on editorial content. The actors included in the assessment are media content
providers, with indicators including Transparency of media ownership, Plurality of media providers, Media
viability, Editorial independence from commercial and ownership influence, and digital intermediaries (with
the indicator on Plurality in digital markets).

The risks to Market Plurality in Germany can be attributed to the dominance of digital platforms and the
high level of concentration on the media markets. For the first time, the indicator for Media Viability shows a
high risk. Of the five indicators in this area, one points to a high risk, three to a medium risk and one to a low
risk.

The indicator for the Transparency of Media Ownership shows a low risk (15%). Compared to the
assessment as part of the MPM 2023 (25%), the risk factor for this indicator has fallen by 10 percentage
points. Commercial broadcasters must provide information on their ownership structure as part of their
licensing procedure and are obliged under Section 57 of the Interstate Media Treaty to report on all projects
that could have an impact on their ownership structure. In the case of print media, the transparency
obligations with regard to the ownership and shareholder structure are based on the respective state press
laws and the legal form of the publishing house. Section 8 of the Press Act in North Rhine-Westphalia, for
example, stipulates that the name or company name and address of the printer and publisher or, in the case
of self-publishing, the name or company name and address of the author or publisher must be stated on
every printed work published within the scope of this Act. According to Section 18 of the Interstate Media
Treaty, online media are also subject to the transparency requirements with regard to ownership. The
Commission on Concentration in the Media (KEK) maintains an online media database containing
information on company shareholdings in various media sectors such as TV, radio, press and online. The
user-friendly website is easy to navigate and provides instant results on ownership and links to other
companies and media outlets. However, Access Info presents an alternative perspective, stating:
"Theoretically, it is possible to determine the ownership structure of listed companies in Germany, but not of

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private companies. The provisions of the German Stock Corporation Act (which relates to listed companies)
are complex. It is unlikely that a citizen without some technical understanding would be able to interpret the
materials sufficiently to find out who owns the media." (Access Info 2013).

The indicator on the Plurality of Media Providers shows a medium risk (55%). Compared to the
assessment of the MPM 2023 (63%), the risk factor for this indicator has fallen by 8 percentage points. The
reduction in the risk assessment is also due to the change in methodology with the new threshold value for
assessing the Top4 concentration; the legal framework is unchanged. The Top4 concentration in the AV
sector is 88% (ProSiebenSat.1 14.6 % RTL Group 27.7 % ARD Group 26.6 % ZDF Group 18.9 %).
Although concentration is high, media law imposes strict requirements to ensure diversity. In newspapers,
the Top4 concentration is 63%, the audience share of the Top 4 online media is 32%. There is a risk in
terms of local media diversity. Strictly speaking, there are no news deserts in Germany. Local newspapers
can be found almost everywhere. However, there are initial signs that the industry is in crisis. Delivery
charges, paper costs and the advertising crisis are beginning to have an impact. In an empirical study,
Assmann (2023) found that plurality is only seemingly satisfied in the local
the
publications available are just "zombie papers" that do not offer quality journalism and can erode trust.
There are also early signs that the industry is in crisis. Delivery charges, paper costs and the advertising
crisis are beginning to have an impact. At the beginning of 2023, for example, a Funke Mediengruppe
newspaper in eastern Germany discontinued its paper edition and switched to digital. Experts are calling for
delivery to be subsidized. Local diversity has been declining for years due to mergers. (Kupferschmitt/Müller
2023). The picture is mixed: local media are struggling economically, but the problems are still less serious
than in other EU countries. There are also some positive examples of new local projects (mainly online).
VAUNET is forecasting a slight decline of 1.1 percent in pure net advertising revenue for all audio and
audiovisual media - radio and TV advertising as well as advertising in streamed audio and video offerings -
in 2023. Television is particularly affected by this negative trend, with an expected decline in advertising
sales of 6%. In contrast, advertising revenue in radio will continue to grow slightly and in the streaming
market at a double-digit rate, but will also be below the forecasts from the spring. (VAUNET 2023).

landscape. Some of

The Media Viability indicator is classified as high risk (76%). Compared to the MPM 2023 assessment
(56%), this indicator has seen an increase in the risk factor of 20 percentage points. Revenues in AV are
stationary over the past years; in radio revenues increased and in newspapers revenues decreased. In
2022, the German Bundestag published an assessment of the situation of local media (DIW Econ). It states
that "the economic existence of the local press is increasingly under threat". The circulation of local print
income. Digital revenues cannot
media has fallen significantly, as has advertising revenue and total
compensate for the losses. At the same time, rising printing, distribution, energy and personnel costs are
putting a strain on publishers. These negative trends are leading to increased concentration. 63% of
publishers stated that their offering has declined in recent years and 80% expect a further decline. At the
beginning of 2023, for example, a newspaper published by Funke Mediengruppe in eastern Germany will
discontinue its paper version and switch to digital. The "Märkische Allgemeine Zeitung" in Brandenburg
discontinued its local edition "Prignitz-Kurier" and its editions in Kyritz and Wittstock. The "Hamburger
Morgenpost" will be converted from a daily newspaper into a weekly newspaper (in 2024), and the
publishing house of the "Kölner Stadt-Anzeiger", the "Kölnische Rundschau" and the "Express" is closing its
printing plant, which will
lead to the loss of 200 jobs. Correctiv's research into the so-called "Potsdam
meeting" is an example of how digitally native media in Germany can also reach a large audience with
investigative work. According to the research, high-ranking AfD politicians, neo-Nazis and financially strong
entrepreneurs came together at this secret meeting in a hotel near Potsdam in November. They planned
nothing "less than the expulsion of millions of people from Germany". (Correctiv 2024). An innovative

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dissemination of the research was performed in many theaters across Germany. (Berliner Ensemble 2024).
At present, providers from all sectors appear to be acting primarily by joining forces - whether through more
intensive cooperation within ARD, by interlinking the media libraries in the ARD/ZDF streaming network or
by bundling audiovisual and text offerings from RTL and Gruner & Jahr in the RTL+ app. The impact of
these efforts will become clear in the coming months and years. There is traditionally no state aid for the
media in germany. Although there is a debate about aid for the press, no funds were made available for this
in the last federal budget.

The indicator of Editorial Independence from Commercial and Owners Influence has a medium risk
(36%). Compared to the MPM 2023 (3%), the risk factor for this indicator has risen by 33 percentage points.
As a rule, editorial decisions in Germany are free from political or commercial influence. Springer is famous
for its conscience clauses that journalists have to sign with their employment contract. In it, they commit to
freedom, the rule of law, democracy and a united Europe and the right of the state of Israel to exist. One
such case was published in 2022: Axel Springer CEO Matthias Döpfner was once again criticized: At the
beginning of the coronavirus crisis in spring 2020, when many retailers had to temporarily close their stores
due to a nationwide lockdown, some companies wanted to suspend their rent payments for the closed
stores, including the sporting goods manufacturer Adidas. The decision caused a nationwide outcry at the
time, which also had to do with the reporting in the "Bild" newspaper. The tabloid was the first to report on
the announced rent freeze, publishing more than 20 articles on the subject and writing about the big "Adidas
slam". Research by the business newspaper "Financial Times" revealed that Mathias Döpfner, CEO of the
Axel Springer publishing house, had a previously unknown interest in the matter. Together with two other
shareholders, Döpfner was the owner of an old building in Berlin-Mitte, in which Adidas had rented a store
on two floors (Spiegel). Conflicts of interest between journalism and commercial interests must be made
transparent in accordance with the ethical rules of the Press Code. The number of journalists employed by
newspapers fell by 17 percent between 2010 and 2020, from 13,573 to 11,288. Scientists assume that this
is also accompanied by a change in working methods. It is known that more and more publishers are
dissolving their main editorial offices and buying in the title section centrally. The editorial offices are usually
located in the larger cities in the region. In local radio in NRW (44 local radio stations), it is stipulated that
the editorial office must be located in the respective distribution area.

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  Focus on the digital environment

The risk within the digital sector is moderate. Compared to the broader perspective, the risk appears
somewhat lower. It is primarily the revenues from digital companies that are generating record profits
for the German media industry. However, the market is highly diverse with numerous public and
private offerings. The market concentration of online media content providers within the top 4 is 14%,
while audience concentration is 33%. However, the dominance of the large online platforms in the
advertising market has an impact on local press and media offerings. In terms of ancillary copyrights,
the online platforms have so far created obstacles. Corint Media, based in Berlin, manages the
copyrights and ancillary copyrights of almost all German and some international private TV and radio
stations as well as numerous press publishers. Corint Media only announced the first agreements at
the end of 2023. Large publishing houses such as Springer and Gruner+Jahr are discontinuing the
majority of their print titles and are consistently pursuing a "digital-only" strategy. Bertelsmann is
bundling all its audiovisual and text offerings into one app.

The indicator for Plurality in Digital Markets shows a medium risk (61%). Compared to the MPM
2022 (69%), this indicator shows a drop in the risk factor of 8 percentage points. Even though
Germany has not introduced a digital tax and will not do so in the future, the EU directive on the
minimum tax, which also affects the taxation of digital multinational companies' profits, will be
implemented in 2023. This and the fact that the German competition authority is dealing with market
dominance in the digital markets have reduced the risk indicator. The 2021 amendment to the ARC
enables the Federal Cartel Office to intervene early and effectively against abusive market behavior
by large digital groups. Meta and Google were classified by the Federal Cartel Office as companies
with market power and are now subject to special abuse supervision for five years. (Federal Cartel
Office). Corint Media is the German collecting society for press ancillary copyright. All relevant
German publishers have commissioned Corint to represent their interests vis-à-vis the platforms. A
review of all online press releases (Corint 2024) only leads to the conclusion that Corint was mainly
concerned with its own personnel and its own structure in 2023. However, successes were recently
reported in the negotiations with Google. In the dispute over the use of press content by the search
engine, Corint Media and Google have agreed on a license in a first step, according to which Google
will initially pay an amount of 3.2 million euros annually for the period from the entry into force of the
Press Performance Protection Act on 7 June 2021 until 31 March 2023. Axel Springer and OpenAI
announced a remarkable deal. They are entering into a global partnership. Through the partnership,
ChatGPT users worldwide will receive summaries of selected news content from Axel Springer's
media brands, including Politico, Business Insider, Bild and Welt, including otherwise paid content.
ChatGPT's responses to user requests will include references and links to the full articles to ensure
transparency and provide users with more information. (Axel Springer 2023). The collaboration also
includes the use of high-quality content from Axel Springer's media brands to drive the training of
OpenAI's advanced Large Language Models.

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3.3. Political Independence (10% - low risk)

The Political
Independence indicators assess the existence and effectiveness of regulatory and self-
regulatory safeguards against political bias and political influences over news production, distribution and
access. More specifically, the area seeks to evaluate the influence of the State and, more generally, of
political power over the functioning of the media market and the independence of the public service media.
Furthermore, the area is concerned with the existence and effectiveness of (self)regulation in ensuring
editorial independence and the availability of plural political information and viewpoints, in particular during
electoral periods.

Only minor risks can be identified for political independence, which remains unchanged.

The indicator for the Political Independence of the Media shows a low risk (3%). Compared to the MPM
2023, the risk factor for this indicator has not changed. In its first ruling on freedom of broadcasting in 1961,
the court established the principle of the independence of the media from the state due to Germany's
National Socialist past. While there might not be a direct prohibition on politicians owning media
outlets, there are laws and regulations related to media ownership, concentration, and competition that
apply to all individuals and entities, including politicians. In the press sector, it is possible for political parties
to hold stakes. The SPD, for example, has a media holding company (DDVG) and holdings in various local
newspapers. Under German law, publishing houses are so-called tendency companies that are allowed to
represent opinions within the framework of the press code. As a publishing group, DDVG and its daily
newspapers have a proportionate total circulation of around 435,000 copies and a market share of 1.9% of
the German daily newspaper market. With one exception,
it only holds minority stakes in over 40
newspapers with a total paid circulation of around 2.2 million copies and a total circulation of all newspapers
in Germany of 21.1 million in 2006. DDVG only holds a majority stake in the publishing house of Neue
Westfälische in Bielefeld, indirectly 57.5% until the end of 2015 and 100% since January 1, 2016. DDVG's
net profit for the year amounted to EUR 15.5 million in 2008 and EUR 17.2 million in 2007, of which EUR
11.4 million was distributed to the SPD as a shareholder. DDVG sees itself as a social democratic company.
According to its own statements, the company's philosophy is to contribute to the financial independence of
the SPD through profit distributions and to the preservation of a lively medium-sized press landscape
through its involvement in the regional daily newspaper segment. According to its own statements, DDVG

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avoids exercising a controlling influence and generally holds minority interests. The DDVG emphasizes that
it is committed to "internal press freedom". This results in only a low risk, as the press landscape is
traditionally geared towards pluralism through a variety of different offerings. There is also no evidence that
there has been any involvement of SPD politicians in the last 50 years. Politicians do not hold shares in
media companies. A few years ago, Stephan Holthoff-Pförtner became a minister in North Rhine-
Westphalia who held shares in a media group. He owns 16.66 percent of the Funke Mediengruppe. On
June 30, 2017, he was appointed Minister for Federal and European Affairs, International Affairs and Media
by Minister President Armin Laschet; he relinquished responsibility for the media sector after two months in
order to "avoid the appearance that he could not make decisions with the necessary impartiality as media
minister." (Ürük 2017). However, this was not a case during the assessment period and was a one-off
incident that was not repeated and was rectified relatively quickly. The Press Code is also intended to
ensure editorial independence. For example, Section 6.1 Guideline 6.1 - Dual functions If a journalist or
publisher performs a function in addition to their journalistic work, for example in a government, public
authority or commercial enterprise, all parties involved must ensure that
these functions are strictly
separated. This also applies in the opposite case (Press Code).

The indicator for Editorial Autonomy has a low risk (3%). Compared to the MPM 2023 assessment, the
risk factor for this indicator has not changed. The broadcasting laws of
the federal states stipulate
procedures for the appointment of directors. No current cases of interference with editorial independence
were reported in 2023. One particular form of editorial
independence has just celebrated its 30th
anniversary, namely the two-pillar model in local radio in North Rhine-Westphalia. In this federal state, local
radio may only be broadcast via FM by two completely separate organizational units. The economic-
technical unit is organized as a company. The editorial offices must be organized as an association and
there are regulations that stipulate a plural composition of members. Interactions between the two units may
only take place in accordance with very strict rules. In particular, the economic units may not influence the
decisions of the editorial office, which is organized as an association. The model
is committed to the
common good and has not only guaranteed independent editorial offices in local broadcasting in NRW for
30 years, but also a very high density of local radio stations with 46 local radio stations and thus a high level
of local diversity. However, this strict separation has remained unique in the German media landscape.
However, the system is facing major challenges due to digitalization. (Kalbhenn 2024)

The indicator for Audio Visual Media, Online Platforms and Elections shows a low risk (16%). Compared
to the MPM 2023 assessment (19%), this indicator has improved by 3 percentage points. Many state
elections took place in 2023 and there were no complaints about unbalanced reporting. The lack of
regulation in online political election campaigns remains a risk factor. A lack of rules jeopardizes equal
opportunities and transparency in election campaigns. Politicians and parties are reluctant to disclose their
spending on online platforms, and the platforms themselves are not very transparent about the payments
made by political parties and the procedures used. In contrast, there are clear and established guidelines for
political advertising in the audiovisual sector. Television advertising is subject to strict regulations and
political advertising is generally prohibited outside election campaign periods. During elections, all parties
must have access to free airtime, which is distributed according to the principle of graduated equality.
Editorial coverage of the elections is also based on this principle.

The State Regulation of Resources and Support to the Media Sector indicator has a low risk (25%).
Compared to the MPM 2023, the risk factor for this indicator has not changed. There is a state law on the
allocation of frequencies with detailed regulations on priorities, procedural rules and legal protection. These
rules are effectively implemented and decisions can be reviewed and challenged in court. In Germany, there

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financial support

are no direct subsidies for the media sector. The State Treaty for Media in Berlin and Brandenburg
formulated for the first time in 2019 a procedure according to which the state media authorities there provide
to local media. The corresponding statutes stipulate a transparent and fair
direct
procedure. In particular, ten criteria are defined according to which the state media authorities decide on the
allocation of funds. These are based on strict, objective criteria, meaning that no assessment of content is
made. Beyond this, there is no specific written law dealing with this issue. However, there is Supreme Court
case law on state subsidies for media. According to this case law, the allocation of funds must be impartial
and fair in order to prevent political influence. All cases of media funding in Germany, albeit relatively few,
have adhered to these criteria. In 2022, an attempt to introduce state press funding was challenged
because only printed newspapers were to be funded. Digital publishers resisted this approach and invoked
the constitutional principle of equality. As a result of their efforts, the plans for funding have been suspended
to date.

The indicator for the Independence of Public Service Media is rated as low risk (3%). Compared to the
MPM 2023 assessment, the risk factor for this indicator has not changed. The needs-based financing of
public service broadcasting is protected by the constitution (Schepers 2023). The governance structure and
financing of the PSM are not state-run. In the supervisory bodies, there is a 1/3 limit for supervisory board
members from politics. The amount of the contribution is determined in a three-stage process. First, the
PSM institutions report their financial requirements. This is reviewed and adjusted by an independent
commission of experts. In a third step, the state parliaments must approve the contribution amount as a
state treaty. The parliaments can only deviate from the proposals under very strict conditions. In January
2024, a comprehensive paper by a commission of experts on the reform of public broadcasting attracted a
great deal of attention (Council for the Future). An initial proposal by the Zukunftsrat envisages the creation
of a central umbrella organization for ARD. This organization would be responsible for nationwide ARD
offerings such as the media library and the First Programme as well as for administration and technology.
The aim is to reduce duplicate structures within ARD so that the nine state broadcasters can concentrate
more on regional content. The Future Council is in favor of restructuring the operational management of
public broadcasters. It proposes a "collegial management" for the proposed central ARD institution, ZDF
and Deutschlandradio, whereby the chairman of the management should have the final say. With regard to
broadcasting control, the Council recommends the establishment of new bodies and the replacement of
existing bodies. In future, ARD, ZDF and Deutschlandradio should each have a media council made up of
politicians and civil society as well as an administrative board made up of experts to take over strategic
supervision.
the Future Council advocates that public broadcasting should accelerate its
digitalization. A joint technological platform for ARD, ZDF and Deutschlandradio could support this process.
The task of public service broadcasting should continue to be in the areas of information, education, culture,
fiction, entertainment and sport. However, the Council for the Future emphasizes the need for the offerings
to differ more from those of private broadcasters and, above all, to be oriented towards democracy and the
common good. According to the recommendations of the Council for the Future, the broadcasting fee
should remain in place, but
Instead of ARD, ZDF and
Deutschlandradio registering their individual financial requirements, the Council proposes that the amount of
the broadcasting contribution be determined automatically and largely independently. According to the
committee chairpersons, the implementation of these recommendations would represent a major effort for
the federal states and public media institutions. These new developments were not included in the risk
assessment for 2023.

funds could be different.

the distribution of

In addition,

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  Focus on the digital environment

In the online sector, there are low risks with regard to Political Independence (23%). Of particular note
is the lack of specific campaign regulations for political advertising on the internet. While there is a
general ban on political advertising on radio and election commercials can only be broadcast in the
six weeks before an election under strict guidelines, there are no restrictions on political campaigning
on social networks. This problem is exacerbated by the lack of clear labeling for political advertising
and the absence of transparency rules, which is compounded by financial contributions. These factors
pose a risk to equal opportunities and transparency in online campaigning.

In order to maintain public service broadcasting as an independent political counterweight in the
online sector, another reform is leikely to be introduced in 2024. The aim is to facilitate the digital
transformation of broadcasters so that the discontinuation of TV programs or the transition to online
platforms will be easier in the future. The consolidation of the various digital offerings of public
broadcasters on a uniform platform should ensure that public broadcasting remains an independent
advocate of diversity in the future (Zukunftsrat). These reform considerations were not included in the
risk assessment for 2023.

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3.4. Social Inclusiveness (38% - medium risk)

The Social Inclusiveness area focuses on the access to media by specific groups in society: minorities, local
and regional communities, women and people with disabilities. It also examines the country’s media literacy
environment, including the digital skills of the overall population. Finally, it also includes new challenges
arising from the uses of digital technologies, which are linked to the Protection against disinformation and
hate speech.

The area of Social Inclusiveness is at medium risk. The indicators Local/Regional and Community Media
as well as Protection against Disinformation and Hate Speech are associated with a low risk. The indicators
Representation of Minorities in the Media and Media Literacy are rated as medium risk. Finally, Gender
Equality in the Media is associated with a high risk.

The indicator for the Representation of Minorities in the Media is associated with a medium risk (44%).
However, compared to the MPM 2023 assessment (35%), the risk factor for this indicator has increased by

[1]

9 percentage points. According to J. Karpa,
the legislation to garantee media accessibility for people with
disabilities works and is effective. He observes a noticeable increase in the number of subtitles, offerings in
sign language and offerings with audio description. However, public service media are much better
positioned in this respect than private media. The expert cites the TV for All program, an online TV
magazine that highlights and filters accessible programmes, as a positive example. "TV for All" is an
inclusion project by the non-profit association Sozialhelden e.V. in cooperation with the media authorities,
VAUNET, ARD and ZDF. The website makes it easier to search for and find television programs with
subtitles (UT) and audio description (AD). Karpa also cites the Greta app, which can be used in cinemas on
smartphones and works in a similar way to Shazam, as a good example. The spoken word is converted into
subtitles. The ad-free and barrier-free service is available to all broadcasters and includes both private and
public TV programs. In a further expansion step, the services with German sign language and the online
media libraries will also be linked. The broadcasts of recent weeks are also evaluated and published on the
website. For example, in the week from 12.2. to 18.2.2024, TV programs with a total duration of 7053 hours
and 7 minutes were broadcast. Of these, 2630 hours and 16 minutes were subtitled (37.29%) and 407
hours and 32 minutes were audio-described (5.78%).

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The increase of the risk level associated with this indicator s due to the fact that there is still room for
improvement when it comes to reaching people who do not speak German with information offerings. This is
also seen as a breeding ground for disinformation. A recent study argues that the international broadcaster
Deutsche Welle should also be more active at home in the fight against disinformation. With editorial offices
in thirty different languages, Deutsche Welle has a wealth of experience in this area. (Holznagel 2024).

The indicator for Local/Regional and Community Media shows a low risk (3%). Compared to the MPM
2023 (4%), this indicator recorded a drop in the risk factor of 1 percentage point. PSM is required by law to

[2]

maintain regional and local correspondents or branches,
and this provision is implemented in practice in all
federal states and at a uniform geographical level (Kalbhenn 2024). Public service broadcasting in Germany
is organized on a national or regional basis. The regional broadcasters have no mandate for local reporting.
Only in the large metropolitan areas are there windows with local reporting in the television program;
regional radio stations must also initially focus on the entire region. The Media State Treaty requires public
service broadcasters to leave out local reporting to private broadcasters and the press in order to protect

these branches.

[3]

In the online sector, there is an explicit ban on local public service reporting.§ 30 Abs. 5

[4]

Nr. 3. MStV.
In addition, public service online offerings may not be comparable with press offers, e.g. they
should not be text-heavy. This regularly leads to disputes between the camps, and the press argues that
public broadcasters do not comply with the ban on local reporting. In this context, the German Federal

Constitutional Court has ruled that local PSM reporting is constitutional under certain conditions.
this is only theoretical, as current legislation keeps PSMs out of local news markets. 

[5]

However,

The indicator of Gender Equality in the Media is classified as a high risk (76%). Compared to the 2023
assessment (31%), the risk factor for this indicator has increased by 45 percentage points. The increase in
risk is mainly due to the fact that the calculation has changed and the consideration of regional broadcasting
shows that there are not many women in executive positions at state level. According to as a study by
ProQuote, however,
the proportion of women in management positions has slightly risen to 39.5%.
Compared to the previous six months, this proportion has increased by 0.2 percentage points. The increase
is particularly significant at "Bild" under editor-in-chief Marion Horn, where the proportion of women rose by
more than five percentage points to 36.9%. The "taz" remains in first place with a female share of 65.1%,
followed by the "Süddeutsche Zeitung" with 44.8%. With 44.3%, "Der Spiegel" is close behind and displaces
"stern" from third place, whose share of women has fallen by 2.1 percentage points to 42.1%. The "stern" is
now on a par with the "Zeit". The "FAZ" remains in last place with an unchanged proportion of women of
23.9%, followed by the "Welt" with 26.4% and the "Focus" with 30%. ProQuote board member Edith
Heitkämper accuses the final
trio of obviously having no ambition to integrate more women into
management positions (ProQuote 2024)..

The Media Literacy indicator shows a medium risk (60%). Compared to the previous year (57%), there was
an increase of 3 percentage points. Our expert Laura Askanazy (researcher at ITM, University of Münster)
says: "We are seeing a lot of activity in the area of media literacy. The main players are the state media
authorities, but PSM institutions and many civil society organizations are also active in this area. Basically,
many population groups are addressed, pupils, teachers, senior citizens, refugees, etc. A current focus is on
dealing with fake news and disinformation, particularly in social media. Even though most of the programs
are of high quality and widely available in the region, there is still room for improvement. All these programs
are voluntary and there are no mandatory curricula in this area in schools. It therefore remains a challenge
to reach everyone. One problem here is certainly the federalism in Germany in the area of media law and
education policy. We also observe many high-quality media literacy programs in the area of hate speech."

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According to legal provisions, it is the responsibility of the state media authorities to ensure the promotion of

media literacy, with these funds being provided from the broadcasting license fee.
The Interstate Media
Treaty stipulates that all age groups and minorities should be promoted with regard to media literacy and

[6]

that projects that serve this goal can receive financial support.
Measures to promote media literacy are
widespread in Germany, with a particular focus currently on combating hate speech. The state media
authorities have also introduced various programs to combat disinformation.

[7]

to our democratic society. For example,

There is a low risk for the Protection Against Disinformation and Hate Speech indicator (6%). Compared
to the MPM 2023 assessment (10%), this indicator recorded a decrease in the risk factor of 4 percentage
points. The low risk score can be explained by the fact that although there is no "national strategy" in
Germany to combat disinformation, there is clarity about the distribution of roles between a variety of
authorities and other actors. According to a new study called "Verunsicherte Öffentlichkeit", 84% of the
German population consider deliberately disseminated misinformation on the internet to be a major or even
very major problem for our society in 2024. For 81% of respondents, disinformation poses a threat to
democracy and social cohesion (Bertelsmann Stiftung, 2024). According to Daniela Schwarzer, member of
the Bertelsmann Stiftung, Executive Board "Most people are now aware that disinformation poses a serious
threat
false information is used to manipulate elections and
undermine trust in politics, political parties and the media. This development represents a challenge that
must be overcome in order to protect our liberal democracy, especially in view of the current super election
year". However, Christian Hoffmann, Professor of Communication Management at
the University of
Leipzig, believes that the opposite is the case: the topic of disinformation is receiving too much attention:
"We now know that most citizens see very little fake news. And the effects of fake news are still unclear. So
in this respect, it seems to me that we are actually focusing a lot of attention on a topic that we have actually
understood very little about so far." (Deutschlandfunk, 2024). According to a recent study, one in two people
in Germany have already been insulted online. More than half of those surveyed are less likely to express
their own political opinion online out of fear (57%), are less likely to take part in discussions (55%) and
deliberately formulate posts more cautiously (53%). (Hate online competence network, 2024).

  Focus on the digital environment

For Germany, the entry into force of the Digital Services Act means the expiry of the Network
Enforcement Act (NetzDG) and, in part, the media law platform regulation of the Interstate Media
the German legislator addressed the central
Treaty (MStV) (Flamme, 2024). With these laws,
problems of disinformation and hate speech in the digital space. The focus is now on implementing
the European legislation at national level. The new Digital Services Coordinator, the Federal Network
Agency, is currently hiring a large number of new staff to deal with the new responsibilities. The media-
specific regulations of the DSA are still in the hands of the media authorities, which already have
practical experience with the complex regulations. Public service broadcasting was also able to
further expand its online competencies through the 3rd Interstate Media Amendment Treaty in order
to fulfill
its constitutional mandate to act as a "counterweight" to hate and disinformation on the
internet.

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4. Conclusions

In Germany, the reform of public broadcasting is on the agenda for 2024, with a reform treaty due to be
presented in the fall. In addition, a proposal for a law against digital violence, which has so far only been
presented as a key issues paper, can be expected. In practical terms, the aim is to secure the rules of the
Digital Services Act in the new structure of responsibilities between the state media authorities and the
Federal Network Agency. The MPM 2024 reveals risks for media diversity in Germany. The legislator can
counteract this.
We strongly recommend the following for Fundamental Protection:

The new Whistleblower Protection Act should be implemented consistently and its effectiveness
reviewed in a timely manner;

The ongoing development of measures against disinformation and hate speech must be maintained;

Public service broadcasting must be safeguarded in the event of anti-constitutional takeovers;

In the area of SLAPP, reliable empirical material on the situation in Germany should be compiled;

The SLAPP Directive, when finalised, should be transposed promptly while going beyond the minimum
requirements;

Journalists must be even better protected against violent intimidation (online and offline).

For the area of Market Plurality, we strongly recommend:

Media concentration law should be amended and also apply to opinion-forming digital platforms in the
future;

Media concentration law should be adapted to the digital media world and include social networks, for
example.

For the area of Political Independence, we strongly recommend:

The integrity of election campaigns on the internet must be regulated;
transparency rules are needed for social networks;

for example, appropriate

When reforming the PSM, the federal states have the issue of contribution stability and the procedure
for setting contributions on their agenda. In the course of the planned reforms, the opportunity should
be taken to free the contribution setting procedure from political influences;

Strenghtening reporting requirements for politicians and political parties when using online political ads;

In the reform of public broadcasting, ARD, ZDF and Deutschlandradio should be consistently obliged to
work together.

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For the area of Social Inclusiveness, we strongly recommend

Public value local media should be granted privileges, for example, by further developing the rules for
easy findability on media intermediaries;

Disinformation campaigns are increasingly targeting people who have fled their country and do not (yet)
speak German. Deutsche Welle should therefore be allowed to offer its extensive foreign-language
offerings in Germany as well and not only produce them for abroad, as has been the case to date;

Legislators should continue to make efforts to improve the accessibility of media, especially audio
description, as the level is still quite low compared to other European countries;

Legislators should take further measures to promote more women to management positions.

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5. Notes

[1]

[2]

[3]

[4]

[5]

[6]

[7]

  J. Karpa (Leidmedien) in an interview on 23.2.2024. 

  This shall be regulated in the laws of the individual broadcasters. For example, Section 2 (2) WDR-G
states that studios may be established in accordance with the statutes and taking into account the
regional structure of the broadcasting area. 
  This is regulated indirectly: the PSM may only do what is explicitly mandated by law. Local reporting is
not mandated in any of the ten institutional laws; on the contrary, it is a matter of regional or national
reporting. 
  § 30 Abs. 5 Nr. 3. MStV. 

  BVerfGE 83, 238 - 6. Rundfunkentscheidung. 

  § 39 LMG NRW. 

  § 30 Abs. 3 MStV. 

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6. References

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wirtschaftliche-lage-in-deutschland-im-januar-2024.html
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press. 
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European Center for Press and Media Freedom (2024). Enemy Image Journalist: in 7: Occupational Risk
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Flamme, F. (2024). Opinion power of algorithms. Nomos.
Hemmert-Halswick, Maximilian (2021). Lessons learned from the first years with the NetzDG, in:
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Bayer | Holznagel | Korpisaari | Woods (eds.; Assistant Editor Jan Kalbhenn), 415-432. https://www.nomos-
elibrary.de/10.5771/9783748929789-415/lessons-learned-from-the-first-years-with-the-netzdg?page=1
Holznagel, B. (2024). Possibilities and limits of the dissemination of Deutsche Welle offers in Germany. C.H.
Beck.
Holznagel, Bernd, Kalbhenn, Jan. 2021. Media Law Regulation of Social Networks - Country Report:
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the Globe, Bayer | Holznagel | Korpisaari | Woods (eds.; Assistant Editor Jan Kalbhenn), 263-291.
Holznagel, Bernd. 2023. consumer rights as an instrument for promoting sustainability goals - sustainability
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Kalbhenn, J. (2024). Digitization of local media. Mohr Siebeck.
Competence Network Hate on the Net (2024). Loud hate - quiet
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Kupferschmitt, T. & Müller, T. (2023). ARD/ZDF mass communication trends 2023: Media use in an
intermedia
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Archiv/MK_Trends_2023/MP_21_2023_MKT_Intermediavergeich_final.pdf
Locke, S. (2023). Funke discontinues newspaper on paper in
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kostenexplosion-ein-18739819.html
Mast, T. & Laude, L. (2024). Termination of diversity - without
discussion. https://verfassungsblog.de/aufgeloste-vielfalt/
Press Council (2024). Press Code. https://www.presserat.de/pressekodex.html
ProQuote (2024). Women's power shares in the leading media: Leading media remain imbalanced. 
https://www.pro-quote.de/leitmedien_bleiben_im_ungleichgewicht/
Broadcasting Commission of the Länder (2024). Key points for the reform of public service
broadcasting. 
https://rundfunkkommission.rlp.de/fileadmin/rundfunkkommission/Dokumente/Beschluesse/RFK_25.-26-1-2
4_Eckpunkte_zur_Reform_des_oeffentlich-rechtlichen_Rundfunks.pdf
Schepers, C. (2023). The public service program and its financing. Duncker & Humblot
Schmid, T. (2024). Statement from the hearing on the "Digital Services Act"
https://www.bundestag.de/resource/blob/990574/fe9e8b41f7d803d851c6107ff2c8222e/Schmid.pdf
Federal Statistical Office. (2024). Population. https://www.destatis.de/DE/Themen/Gesellschaft-
Umwelt/Bevoelkerung/Bevoelkerungsstand/_inhalt.html
Statista (2024). Average age of the population in
Germany. https://de.statista.com/statistik/daten/studie/1084430/umfrage/durchschnittsalter-der-
bevoelkerung-in-deutschland/
TV for all (2024). About the project. https://tvfueralle.de/ueber-das-projekt
Ürük, B (2017). There is only one solution for Stephan
Holthoff-Pförtner. https://kress.de/news/beitrag/132987-es-gibt-nur-eine-loesung-fuer-stephan-holthoff-
pfoertner.html
VAUNET. Association of Private Media (2023). VAUNET corrects revenue forecasts for 2023 downwards
and calls for clear stop signals from the federal and state governments: There must be no additional burden
on the media
now. https://vau.net/pressemeldungen/vaunet-korrigiert-umsatzprognosen-2023-nach-unten-und-fordert-
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audio and audiovisual media in
Germany. https://vau.net/pressemeldungen/mediennutzungsanalyse-2023-fast-zehn-stunden-taegliche-
nutzung-von-audio-und-audiovisuellen-medien-in-deutschland/

LAWS AND REGULATIONS
Digitale Dienste Gesetz [Implementation Act for the Digital Services Act]. 
https://bmdv.bund.de/SharedDocs/DE/Pressemitteilungen/2023/120-wissing-digitale-dienste-
gesetz.html?nn=13326
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Directive 2000/31/EC. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32022R2065
Eckpunkte für ein Gesetz gegen digitale Gewalt [Key points for a law against digital violence]. 
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Hinweisgeberschutzgesetz [Whistleblower Protection Act]. https://www.gesetze-im-
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Informationsfreiheitsgesetz [Freedom of Information Act]. https://www.gesetze-im-internet.de/englisch_ifg/
Landesmediengesetz Nordrhein-Westfalen [ State Media Act of North Rhine-Westphalia]. 
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Medienstaatsvertrag [Interstate Media Treaty]. https://www.die-medienanstalten.de/fileadmin/user_upload/R
echtsgrundlagen/Gesetze_Staatsvertraege/Interstate_Media_Treaty_en.pdf
Netzwerkdurchsetzungsgesetz [Network Enforcement Act]. https://www.gesetze-im-
internet.de/netzdg/BJNR335210017.html
SLAPP Richtlinie [Proposal for a Directive on protecting persons who engage in public participation from
manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”)]. 
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52022PC0177
Whistleblower Richtlinie [Whistleblower Directive]. Directive (EU) 2019/1937 on the protection of persons
who report breaches of Union law. https://eur-lex.europa.eu/legal-
content/EN/TXT/HTML/?uri=CELEX:32019L1937

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*Thanks to

Dr. Maximilian Hemmert-Halswick

Dr. Olga Batura

Laura Askanazy, OLG Cologne

Rebecca Roth, New German Media Makers

Jonas Karpa, Leidmedien

Prof. Dr. Rainer Bromme, University of Münster

who were available for expert interviews and assistance (in the areas of access to media for
minorities and media literacy, hate speech and disinformation, freedom of information) and greatly
supported the country team with their expertise.

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ANNEXE I. COUNTRY TEAM

First name

Last name

Position

Institution

MPM2024 CT
Leader

Jan Christopher

Kalbhenn

Lawyer/ Managing Director
of ITM

University of Münster,
ITM

X

ANNEXE II. GROUP OF EXPERTS

The Group of Experts is composed of specialists with a substantial knowledge and experience in the field of
media. The role of the Group of Experts was to review especially sensitive/subjective evaluations drafted by
the Country Team in order to maximize the objectivity of the replies given, ensuring the accuracy of the final
results.

First name

Last name

Position

Institution

Roman

Martin

Portack

Madej

CEO

German Press Councel

Referent Digital and Media

Verbraucherzentrale
Bundesverband

Eva

Heneweer

General Councel

Funke Media Group

Tobias

Brings-Wiesen

PhD Candidate

University of Cologne

Research Project Report

Issue -

June 2024

doi:10.2870/855933

ISBN:978-92-9466-568-3

QM-02-24-668-EN-N

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