International Journal of Communications Law & Policy

THE INTRODUCTION OF DIGITAL TELEVISION IN GERMANY
REGULATORY ISSUES - A COMPARATIVE ANALYSIS

By Bernd Holznagel and Andreas Grünwald

Download the Paper in PDF Format: IJCLP Web-Doc 10-4-2000

Abstract

The future of television broadcasting is digital. This applies to both the German as well as the British situation. Furthermore, both countries find themselves within the same legal frame-work when it comes to the question of open access to digital conditional access systems which have been set by the European Directive 95/47/EC. However, not only market development, but also the creation of a suitable national legal framework for digital broadcasting has devel-oped differently in both countries so far. The analysis provided by Holznagel and Grünwald examines this development, points out the relevant differences between the German and the British examples, and emphasises the transition of the European Directive into the laws of both nations. While doing so, the authors take a German point of view, first providing an overview of the development of the digital television market in our country, which started in 1994 and which still has not reached any kind of settlement. Afterwards, they describe the current legal framework that applies to digital television and which especially deals with conditional access systems under German law. Finally, Holznagel and Grünwald move to the British situation and offer a comparative analysis of the development in both countries, trying to highlight their main differences, especially when dealing with the European Directive.