Federal Constitutional Court for Broadcasting – FAQ – Media

Karlsruhe is now ruling on four constitutional complaints against the broadcasting contribution. What consequences could the verdict have? Answers to the most important questions

What is decided by the Federal Constitutional Court?

The fundamental question is whether the broadcasting contribution in its present form is in conformity with the Constitution. And at two levels: First, judges must decide whether broadcasting contributes to the truth is not more a tax. In any event, the complainants criticize that. It was a "disguised tax for democracy", which had to be paid by anyone, summed up the allegation at the hearing in mid-May, said Ferdinand Kirchhof, Vice-President of the Court. If the judges follow the plaintiff's point of view, the broadcast fee would be unconstitutional for formal reasons: a tax can only be introduced by the federal government. Legislative powers are lacking in the countries responsible for regulating the audiovisual levy

Secondly, the judges examine whether the general principle of equality is violated by the contribution to the broadcasting service – and that no single or second owner owner is overloaded.

Who is pursuing and why?

Three individuals and the Sixt car rental company are questioning about the model of public financing. The complainants badert, among other things, that one-person households would be disadvantaged compared to multi-person households – and single parents should pay as much as those who earn income or who pay only one. only contribution to their household. In addition, the plaintiffs criticize that in the case of second homes must be paid twice, even if the owner can only watch TV or listen to the radio in an apartment. Bernhard Wietschorke, for example, one of the four plaintiffs, feels several times overwhelmed by the current contribution of broadcasting: he lives alone and therefore does not take the opportunity to share his contribution with d & # 39; other members of the household. And for his second home, he must also pay a broadcasting fee.

The Sixt car hire company is attacking the rule that contributions are required per car and that the company must pay about 300,000 euros a month for the broadcast costs of nearly 50,000 cars. Many other company cars and all private cars, on the other hand, are not covered, which is unfair, according to Sixt.

What consequences could the verdict have?

It is almost certain that judges will not reverse the broadcast contribution. In the past, the courts have too often ruled that public funding of fees is a guarantee of freedom of opinion. However, details may need to be corrected. For example, it would be conceivable for the Federal Constitutional Court to consider that the rules for second homes are unconstitutional. In addition, there is a per capita model in the room, where the per capita contribution is perceived (and then proportionately lower). If accepted by the Federal Constitutional Court, this would be a small revolution and would lead to other fundamental discussions about public service broadcasting

What is the Broadcasting Fee? ?

The broadcasting fee finances the broadcasters ARD, ZDF and Deutschlandradio. For five years, a monthly fee of € 17.50 has been charged – per apartment – regardless of whether there is a TV or not. Until 2013, the GEZ fee only had to pay those who had a receiver. The employees of the fee collection center were standing in front of the apartment door to check whether in each home an unexpected radio or television was found. In the meantime, everyone can also consume public law content via a computer, a tablet and a smartphone, which has rendered the device obsolete and allowed the authorities to transmit single charges per household as a record of declaration. In commerce, the fee is based on the number of permanent establishments, company cars and employees.

Why does he need the fee?

The recipes are intended to ensure that public law can contribute to the free formation of opinions. In addition, the basic services of the media must be guaranteed – reception at the national level and a wide range of services. This includes commemorative formats such as Daily Themes or Tagesschau which were difficult to fund by other means, but also sports programs and entertainment programs such as ] or Mountain rescuers. The broadcasting charge also guarantees the financing of public service broadcasting at the state level and thus its independence.

How much money is there per year?

97 billion euros. They thus remained virtually unchanged from the previous year. On ARD, ZDF and Deutschlandradio paid 7.82 billion euros, to the state media authorities, a kind of supervision of private broadcasting, 151 million euros. About 90% of the money came from citizens; Businesses and other institutions contributed 10% of revenues. By the end of 2017, 39 million households were registered with the Responsible Contribution Service. For social reasons, about 2.76 million people were exempted from the contribution, 460,000 citizens paid a reduced contribution.

What do public broadcasters say about the claim?

The broadcasters of the broadcasters underline the importance of the legal offer especially in times of false news. The contribution of broadcasting allows public broadcasting to fulfill its mission, said ZDF General Manager Thomas Bellut at the May hearing. Federal states have decided by the conversion of a "constitutional and viable model."

If and to what extent citizens use their offer, is not so important to those responsible.The contribution is justified only by the mere possibility of use, says law professor Hanno Kube, who represents public broadcasters.If even those who do not use their offer, should pay de facto for the provision.

The argument that the tax violates the principle of equality does not attract the sender responsible: In almost every home, at least one TV is reported from their side., "The system current is extremely simple and does not overload any more than before, "says the plenipotentiary of the Länder, Dieter Dörr

With the material of the agencies