Unauthorized Listening and Viewing: Definition, Legal Basis, and Consequences
Definition: Unauthorized Listening and Unauthorized Viewing
Unauthorized listening and viewing refer to the illegal use of broadcast radio and television services without paying the legally required broadcasting fees. In everyday language, this mainly means the unauthorized reception of radio or television signals without having registered receiving devices with the contribution service (formerly GEZ).
The term covers both the intentional and negligent omission of registering devices that can receive broadcast services, and thus constitutes a violation of broadcasting contribution law.
Legal Basis in Germany
Broadcasting Contribution State Treaty (RBStV)
The collection of broadcasting fees in Germany is based on the Broadcasting Contribution State Treaty (RBStV). This treaty provides for a general obligation to pay contributions for each residence or place of business. Since the 2013 reform, fees are no longer device-based, but instead, the contribution is assessed per residence or place of business.
Obligation to Contribute and Register
According to § 2 RBStV, every resident or person responsible for a place of business is required to register with the contribution service and pay the broadcasting fee. Registration is due at the latest one month after moving in or establishing the business.
Violation of the Contribution Obligation
Anyone who fails to fulfill their registration and payment obligations commits an administrative offense under § 12 RBStV. Thus, so-called unauthorized listening and viewing is not a criminal offense, but it can be penalized with a fine.
Distinction from Criminal Offenses
Simply negligent or intentional failure to register or pay the contribution is not a criminal offense under the Criminal Code (StGB), but an administrative offense. However, actions connected to unauthorized viewing or listening—for example, fraud against the contribution service or the use of forged documents—can fulfill criminal offense criteria.
Procedures for Violations
Determination Procedure
If the contribution service suspects unauthorized listening or viewing, a determination procedure is regularly initiated. Here, the actual reception or use of broadcasting services is ascertained. Evidence may be obtained from residents’ registration records, third-party information, or self-conducted checks.
Hearing and Fine
If it is determined that there was an obligation to register and this was not fulfilled, the relevant state broadcasting authority initiates administrative fine proceedings. A written hearing occurs first, in which the affected person can state their opinion. Then a fine notice may be issued, the amount of which depends on the individual case and can be up to 1,000 euros. In addition to the fine, outstanding contributions are generally also collected retroactively.
Obligation to Pay Arrears
Regardless of any fine proceedings, the obligation to pay contributions remains. Outstanding fees may be collected retrospectively for the period concerned. Further sanctions, such as enforcement measures, are possible if payment is persistently refused.
Special Cases and Exceptions
Exemption Criteria
Under certain conditions, persons can be exempted from the contribution obligation, for example, if receiving social benefits or having particular disabilities (§ 4 RBStV). However, unlawful use of such exemption options constitutes a separate administrative offense and can have further legal consequences.
Collective Reception Facilities
Special regulations apply in communal or care facilities. Here the operators or responsible entities are liable for the proper payment of the broadcasting fee.
Historical Development
Before the introduction of the broadcasting contribution model in 2013, the obligation to pay was tied to the existence of certain receiving devices (e.g., TV sets, radios, computers with internet access). Unauthorized viewing was therefore directly linked to devices that were not or incorrectly registered. Under current law, the resident is primarily required to pay the contribution; individual device registrations are no longer necessary.
Legal Consequences and Sanctions
Consequences under Administrative Offense Law
As described above, unauthorized listening and viewing constitutes an administrative offense. Sanctions are imposed by fine notices. These will not result in entries in the criminal record certificate.
Civil and Enforcement Consequences
Outstanding contribution claims are pursued via administrative enforcement procedures; these include bank account or asset seizures. Imprisonment as substitute for unpaid fines is not provided for unauthorized viewing or listening, but may apply for offenses such as fraud relating to broadcasting fees.
Procedural Tips and Legal Remedies
Hearing and Objection
In administrative offense proceedings, affected persons have the right to a hearing and to file an objection. The chances of success depend on the individual case and the burden of proof. A fine notice can be reviewed using the available legal remedies.
Retroactive Contribution Demands
If an obligation to pay is established, contributions may be retroactively demanded for up to three annual contribution periods, but no earlier than the date of the established move-in.
Conclusion
Unauthorized listening and viewing describe the unauthorized, unregistered use of broadcasting services in violation of the general contribution obligation. While it is not a criminal offense, it is an administrative offense subject to fines. Contribution law includes extensive investigation, collection, and sanction options, extending up to enforcement measures. The current legal situation is based on the principle that the resident is liable, so individual device registrations are no longer required. Anyone wishing to seek exemption or claim special regulations must apply separately.
Further Literature
- Broadcasting Contribution State Treaty (RBStV)
- Information from the Contribution Service of ARD, ZDF, and Deutschlandradio
- State Broadcasting Authorities of the Federal States
Frequently Asked Questions
What legal consequences can be expected for so-called unauthorized listening and viewing?
Anyone who uses broadcasting services such as television or radio without paying the legally required broadcasting fees (previously GEZ fees) commits an administrative offense under § 12 para. 1 Broadcasting Contribution State Treaty (RBStV). This applies regardless of whether the program is received analog, digitally, via antenna, satellite, cable, or the internet. Such violations are usually discovered through random checks or reports, for example by neighbors or during inspection visits. The consequence is the retroactive assessment of contributions plus late fees. These may be as much as 1% per month of the outstanding amount. In cases of intentional, i.e., knowingly carried out unauthorized listening and viewing, the misconduct is not only an administrative offense, but in severe cases can also be considered contribution evasion, for which a fine of up to 1,000 euros is possible. Persistent disregard for payment requests can also result in enforcement measures up to bank account seizure.
How does the administrative procedure proceed when there is suspicion of unauthorized listening and viewing?
The administrative procedure generally begins with a letter from the contribution service (ARD, ZDF, Deutschlandradio) requesting clarification of the fee situation. This initially gives the person concerned the opportunity to comment and, if applicable, to explain why there is no obligation to pay (e.g., second residence, exemption criteria, no receiving device). If there is no satisfactory explanation or if the person does not respond, a contribution assessment notice is issued that includes all outstanding broadcasting contributions and late fees retroactively. An objection can be filed within one month. If this is also rejected, an appeal before the administrative court is possible. During such proceedings, the court examines in detail whether the obligation to pay existed and whether the administration acted properly. Even during the objection or legal proceedings, payment is generally still required.
What obligations to cooperate exist with the contribution service?
By law, there is no general obligation to provide information about the existence of receiving devices or the use of broadcasting services. Nevertheless, affected persons are required, upon written request from the contribution service, to provide information, particularly regarding personal details, living situation, and possible reasons for exemption (§ 9 RBStV). If the required information is not provided, § 9 para. 1 sentence 3 RBStV allows the facts to be determined as part of official investigations even without cooperation from the affected person. Continuous non-cooperation can lead to estimates and the automatic assessment and collection of contributions.
Can broadcasting fees be demanded retroactively?
Yes, the contribution service can retroactively claim broadcasting fees as soon as it becomes aware that receiving devices have been used in an apartment or business for some time, or that a contribution obligation existed. According to § 7 para. 7 RBStV, contributions can generally be assessed retroactively for up to four years. The statute of limitations begins at the end of the calendar year in which the outstanding contributions arose. Once the limitation period has expired, enforcement of the claims is legally excluded.
How does the administration handle objections or appeals regarding allegations of unauthorized listening/viewing?
When objections or appeals are raised, the competent broadcasting authority or the contribution service reviews the case again in an administrative procedure. The person filing the appeal must plausibly explain why there was no obligation to contribute (e.g., exemption due to social benefits, not residing at the registered location, second home). If the objection is found to be unfounded, the authority issues a decision of objection. This decision can be challenged at the administrative court within one month. During this phase, late payment surcharges and reminder fees may continue to accrue, unless the obligation to pay is suspended or eliminated.
Are there special data protection requirements for so-called unauthorized listening and viewing?
For the determination and collection of broadcasting contributions, the usual data protection principles according to the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) apply. The collection, processing, and use of personal data may only be carried out to the extent necessary for the enforcement of the contribution obligation (§ 11 RBStV). For example, the contribution service may record and use personal data from the residents’ registration office to check the obligation to pay. Unauthorized surveillance as such (e.g., entering an apartment to inspect devices) generally does not take place and would not be permissible without a court order.
Are there differences in the legal treatment of unauthorized listening/viewing in the commercial sector compared to private use?
Yes, for companies, institutions, or public spaces, the calculation of contributions and the sanctioning of violations differ. The legal consequences and amount of contributions depend on the number of business locations, employees, and possibly the size of the accessible areas. Systematic avoidance of contribution payments in the commercial sector represents an increased legal risk, as generally larger amounts are owed and more frequent checks take place. Especially in cases of intentional evasion, this can result in significant fines and retroactive claims amounting to several thousand euros.
How is the relationship between the broadcasting contribution and rental relationships regulated, especially for subtenants or shared apartments?
In legal terms, the adult person belonging to the household is always liable for the broadcasting fee per apartment; this applies also to shared apartments. In subletting situations, the broadcasting contribution must be paid by the person who primarily uses the apartment and is registered as the main resident with the registration office. Multiple contributions may not be charged for a single apartment, so in cases of unauthorized listening/viewing in multi-person households, the obligation only arises once, but is joint. If this cannot be clarified, the contribution service will, in case of doubt, designate one of the adult persons as the debtor, who is then jointly liable for the entire amount. Any disputes must then be settled civilly among those involved.
