Fwd: [Internet Policy] German court: livestreaming = broadcasting, needs license


This comes as a surprise because because there\’s no difference between this
and the recent Magufuli\’s regulations to licence bloggers.

For us, we need more local content and local traffic. I hope we will not
get to this.

On Fri, Mar 13, 2020 at 8:21 AM Barrack Otieno via kictanet <
kictanet@lists.kictanet.or.ke> wrote:

> Broadcasters on the list,
> What are your thoughts in the Kenyan context ?
> ———- Forwarded message ———
> From: Joly MacFie via InternetPolicy <internetpolicy@elists.isoc.org>
> Date: Fri, 13 Mar 2020, 2:50 am
> Subject: [Internet Policy] German court: livestreaming = broadcasting,
> needs license
> To: internetpolicy@elists.isoc.org <InternetPolicy@elists.isoc.org>
> Source: Columbia Global Freedom of Expression –
> globalfreedomofexpression.columbia.edu/cases/bild-v-mabb/
> Germany
> BILD v. Mabb
> Decision Date: September 26, 2019
> The Higher Administrative Court in Berlin-Brandenburg determined that an
> online newspaper\’s live streaming of programs constituted \”broadcasting\”
> which requires a broadcasting license. After the Berlin-Brandenburg media
> authority had prohibited the live-streamed videos and instructed the
> newspaper to obtain a broadcasting license, the newspaper filed an action
> before the Administrative Court in Berlin against the prohibition and
> requested that the action be given suspensive effect under a provisional
> procedure. While the Administrative Court in Berlin and the Higher
> Administrative Court in Berlin-Brandenburg during the provisional procedure
> both granted the request for suspension of the prohibition, in the main
> procedure the Administrative Court found the programs constituted
> \”broadcasting\”. The Court held that the fact that viewers of live streams
> had no control over the timing of when to view the programming meant that
> live streaming met the traditional definition of “broadcasting” and
> therefore required a license.
> [One might think that, as the livestreams were immediately archived,
> viewers do have control over when to view. But the court thought otherwise.]
> In the main procedure judgment the Higher Administrative Court examined
> the element of broadcasting being “designed for simultaneous reception”. It
> held that this means that the recipient does not have any influence on the
> beginning of the program and no possibility to fast forward, and that this
> applied to BILD.de’s live streams. The fact that the live streams are
> available on demand afterwards does not change the general categorization
> that they are “designed for simultaneous reception” because BILD.de has a
> choice to refrain from live videos and only publish the videos on demand.
> BILD.de had argued that the reason for live streams is that it allows for a
> more authentic coverage, making its content more interesting and believable
> to the audience. The Court noted that the importance of simultaneous
> reception for BILD.de could also be seen in the commentary function which
> allows for a direct communication with the recipient during the live
> streams.
> —
> ————————————–
> Joly MacFie +2185659365
> ————————————–
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