Definition and classification of international broadcasting
The term international broadcasting refers in the legal context to those forms of broadcasting that are received outside of the domestic territory or are targeted at foreign audiences. In particular, it involves programs transmitted by a state to other states, as well as broadcasting services specifically intended for foreign audiences. International broadcasting encompasses various forms of media presentations—especially radio, television, and increasingly also internet-based media offerings.
Historical development of international broadcasting
Historical overview
The origins of international broadcasting date back to the 1920s, when governments and private companies began transmitting news and cultural programs abroad via shortwave transmitters. Over the decades, international broadcasting became an important instrument of foreign policy communication and international public relations.
International broadcasting under international law
Within the framework of international law, the right of a state to broadcast programs across borders is particularly relevant, as is the duty to respect the sovereign rights of other states. This overlaps with fundamental principles of international broadcasting law, such as the principle of sovereignty and the non-interference with the domestic legal order of other states.
Legal foundations of international broadcasting
International legal sources
The cross-border transmission of radio and television programs is the subject of numerous international conventions and multilateral agreements:
- International Telecommunication Union (ITU): Regulates technical and frequency-related aspects of the cross-border transmission of broadcasting waves.
- European conventions: For example, the European Convention on Transfrontier Television (ECTT) of the Council of Europe states, which sets minimum standards for cross-border television services.
- UNESCO conventions: Protect cultural diversity and freedom of information in international media circulation.
National law: Focus on Germany
General legal principles
In Germany, the term international broadcasting is not explicitly defined, but the activity is regulated by pertinent legal provisions:
- Basic Law (GG): Art. 5 GG guarantees freedom of broadcasting; this also covers programs that are received abroad or are aimed at foreign countries.
- Interstate Broadcasting Treaty (or State Media Treaty, MStV): Regulates the licensing and design of broadcasting, including provisions for international services. Particularly relevant is § 3 MStV (General Requirements for Broadcasting), which may also have implications for foreign providers.
- Deutsche Welle Act (DWG): Specific legal basis for Germany’s international broadcaster Deutsche Welle, regulating its mandate, funding, oversight, and programming principles.
Requirements and restrictions
The national legislator faces the task of regulating international broadcasting in such a way that both international obligations and national interests are upheld:
- Licensing requirements: Providers broadcasting from Germany to other countries may require a national license. However, purely foreign providers are not directly subject to German licensing requirements, as long as the programs are not also distributed in Germany.
- Programming content and compliance: Even offerings from Germany targeted at foreign countries are subject to German content requirements (e.g., in relation to the protection of minors, advertising, or journalistic due diligence), especially if the programs are intended to shape public opinion.
- Financing and oversight: Taking Deutsche Welle as an example, its financing is provided from public funds and it is subject to parliamentary oversight. Maintaining an editorially independent program is a central principle.
Special features of licensing and jurisdiction
Licensing international broadcasting may raise complex issues in individual cases, especially:
- For programs that utilize several existing national legal systems or are globally accessible through different technical means (satellite, internet);
- When determining the applicable legal system, particularly when both the sending state and the receiving state have differing regulations;
- When regulating new, internet-based international programming (keyword: OTT services), which do not always clearly fall under traditional radio and television laws.
In multi-country procedures, jurisdiction in the European Union generally follows the country-of-origin principle, as stipulated in the relevant directives (e.g., the AVMD Directive).
Differences between domestic and international broadcasting
Domestic broadcasting vs. international broadcasting
- Target audiences: International broadcasting is explicitly aimed at audiences abroad, while domestic broadcasting is intended for the domestic territory.
- Legal objectives: While domestic broadcasting is mainly focused on providing information and shaping opinion nationally, international broadcasting often emphasizes the presentation of a country’s image and fostering international dialogue.
- Mechanisms of oversight: Domestic broadcasting is subject to more pronounced oversight and regulatory systems tailored to national needs. In contrast, international broadcasting is more governed by international obligations and usually enjoys greater programming freedom.
Freedom of the press, freedom of expression, and limits of international broadcasting
Fundamental rights at the national and international level
The design of international broadcasting is closely connected with protecting freedom of expression and freedom of the press:
- Under national law, these fundamental rights are protected by Art. 5 GG and relevant provisions of the state constitutions.
- At the international level, Art. 10 ECHR (European Convention on Human Rights) and Art. 19 ICCPR (International Covenant on Civil and Political Rights) specifically apply, both of which effectively protect international broadcasting, but allow exceptions for national security, public order, health, or morals.
Censorship and obstruction of international broadcasting
While broadcasting abroad is protected in many countries, international offerings are technically or legally restricted in certain target states (e.g., by signal jamming, license denial, or prosecution of users). The permissibility of countermeasures remains controversial under international and human rights law.
Standards of review and legal protection
Oversight mechanisms for public international broadcasting
Public international broadcasting (such as Deutsche Welle) is subject to specific program oversight, review and reporting obligations to supervisory bodies and the German Bundestag. The independence of its reporting is a central requirement under national and international law.
Legal recourse and complaints mechanisms
- Individual legal protection: Individuals can only rarely take action against content or actions by international broadcasters, e.g. if personal rights, data protection, or copyrights are infringed.
- Transnational legal enforcement: Where international media conventions are violated, states can initiate complaints proceedings before international organizations (e.g., the Council of Europe).
Constitutional and international law assessment
Constitutional recognition
International broadcasting is protected by the German constitutional principles of freedom of expression, freedom of information, and media diversity. At the same time, national protective interests must be safeguarded, particularly with respect to preserving the free and democratic basic order, protection against disinformation and propaganda, and security.
International legal obligation and international diversity
The Federal Republic of Germany and other states are obligated to respect and promote media freedom in international communications, as long as they do not violate peremptory norms of international law or infringe the rights of third parties.
Conclusion
International broadcasting is an essential instrument of international media communication and opinion formation. Its legal framework is shaped by the interplay of national and international norms. Essential are the safeguarding of press, opinion, and information freedom, the upholding of sovereignty interests, and protection against unlawful content. The balance between free cross-border media traffic and the state’s regulatory function requires continual adjustment of the legal framework, especially in light of new modes of technical distribution and global political challenges.
Frequently Asked Questions
When is the reception of international broadcasting in Germany subject to legal restrictions?
The reception of international broadcasting in Germany is generally protected by the right to freedom of information pursuant to Article 5 of the Basic Law. However, the reception may be subject to legal restrictions if listening to or disseminating certain content violates other laws, such as the Criminal Code (§§ 86 or 130 StGB; propaganda materials of unconstitutional organizations, incitement of the people). Furthermore, the possession or use of certain technical devices for receiving prohibited frequencies is restricted under the Telecommunications Act (TKG). While the use of satellite or internet reception for private purposes is typically permitted, the targeted reception and distribution of content dangerous to the state, especially for destabilization or incitement against the constitutional order, may prompt state intervention. Particularly in the context of broadcast bans under § 111 TKG or sanctions against states, the reception or technical forwarding of certain programs may be prohibited.
What legal requirements apply to the distribution of international broadcasting in Germany?
The distribution of foreign broadcasting signals in Germany is subject to regulatory requirements. Anyone redistributing international broadcasts via cable networks, terrestrial multiplex, or publicly accessible internet usually requires a media law license in accordance with the State Media Treaty (MStV) at the state level. The responsible state media authority checks whether the broadcaster meets requirements regarding the protection of minors and consumers, advertising guidelines, and diversity of opinion. In cases where the broadcaster is state-controlled or specifically spreads disinformation (e.g., in the context of EU sanctions against Russia), direct broadcast bans can be imposed at both European and national level. Without the required permit or in violation of such bans, significant fines and injunctions may be imposed.
Is the production of translations or adaptations of foreign broadcasts permissible under copyright law?
The permissibility under copyright law of producing translations or adaptations of foreign broadcasts is governed by the Copyright Act (UrhG). As a rule, radio broadcasts are protected as works or neighboring rights. Translations, synchronizations, or adaptations are only permitted if the rights holder—that is, the foreign broadcaster or its agents—has granted consent. Without such consent, adaptations are generally only allowed within the scope of statutory permitted uses, for example as quotations (§ 51 UrhG) or for scientific purposes within certain limits (§ 60 UrhG). Unauthorized use may result in civil and, where applicable, criminal consequences.
Which supervisory authorities are responsible for complaints or licensing procedures related to international broadcasting?
The regime for the supervision and licensing of international broadcasting in Germany is primarily overseen by the state media authorities (Landesmedienanstalten). They review licensing and monitor compliance with media law requirements, also for programs originating abroad. In the event of violations of broadcast bans or programming principles, programs may be prohibited (§ 109 MStV). With regard to European law issues, particularly for EU-wide providers, the Commission on Licensing and Oversight (ZAK) is also involved. For complaints about criminal content, prosecuting authorities or the Federal Office of Justice (BfJ) may become responsible. If there is a telecommunications aspect, the Federal Network Agency is also involved.
How do national and international regulations on international broadcasting relate to each other?
National provisions, including in particular the State Media Treaty, the Telemedia Act, and the Telecommunications Act, are always set within the context of European law requirements, such as the Audiovisual Media Services Directive (AVMD Directive). In cases of conflict with international or EU regulations, the latter usually take precedence. In the context of sanctions regimes, for example by the EU Council, German media regulators may act on the basis of EU-wide requirements and block foreign programs nationally. International agreements such as the European Convention on Transfrontier Television (ECTT) also regulate cross-border transmission and stipulate requirements for cooperation and mutual recognition. Therefore, German law on international broadcasting must always be interpreted in light of international and European law.
What sanctions may be imposed for unauthorized dissemination or reception bans of foreign broadcast programs?
Unauthorized dissemination of foreign broadcast programs without the necessary license is considered an administrative offense under the State Media Treaty and is penalized with fines of up to several hundred thousand euros (§ 115 MStV). If programs continue to be distributed despite existing blocking orders (e.g., in the case of sanctions), further fines as well as technical blocking measures (so-called geo-blocking) of internet offerings may be ordered. For criminally relevant content, prosecution may also take place, e.g., for incitement of the people under § 130 StGB or support of prohibited organizations under § 129a StGB. The use of unauthorized reception equipment may also be sanctioned administratively (§§ 146, 149 TKG), up to and including confiscation of the devices.
