Die dienende Funktion der Rundfunkfreiheit in Zeiten medialer Konvergenz - 10.1628/000389114X14104459599607 - Mohr Siebeck

Stefan Korte

Die dienende Funktion der Rundfunkfreiheit in Zeiten medialer Konvergenz

Volume 139 () / Issue 3, pp. 384-419 (36)

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The freedom of broadcasting is in an exceptional position in the jurisdiction of the BVerfG, because this fundamental right has a serving function based on its broad effect, its actuality and its suggestive force. These features cause, that public action, which ensures the plurality of opinion, has to be proportional, but has not to equate the freedom of broadcasting itself. This characteristic leads to the dual broadcasting order, which consists of a coexistence of public and private broadcasting-corporations. Therefore plurality of opinion arises due to many intensely regulated private competitors and due to a few public providers with an internal organization. The latter include the essential socially relevant opinions and considers them in the programme. The public providers have a reserve function in case of many private competitors getting out of business. The present article transfers these basics of broadcasting law to onlinemedia. It justifies in the first step that the appropriate offers are part of the freedom of broadcasting. In the second step it will be argued, that online media have broad effect, actuality and suggestive force too, of course in a way typical for the internet. In the third step, it is discussed in a supportive way if the intensely regulation of the dual broadcasting order can be transferred to the internet platform, which will be supported. The arcticle argues against the background of this conclusion, that search engines have to be committed to actions, which protect the plurality of opinion, if they have substantial market power. However the so called »Tagesschau-App« of ARD is not convenant to the serving function of the freedom of broadcasting, because public offers are required for the protection of the plurality of opinion in the internet as well and there do powerful offers exist already.

Stefan Korte Geboren 1975; Studium der Rechts- und Wirtschaftswissenschaften an den Universitäten Göttingen und Hamburg; 2001 Erste juristische Staatsprüfung; 2004 Promotion; 2006 Zweite juristische Staatsprüfung; 2008 Dipl.-Kaufmann; 2013 Habilitation; derzeit Vertretungsprofessor an der Universität Mannheim.