Duties
- Authorizing and Licencing
- Monitoring and Controlling
- Informing and Advising
- Promoting and Qualifying
- Research and Support/Media Competence
Duties of the LfM:
- to promote media competence,
- to issue licences for private radio and television broadcasters (i.e. allowing privately-owned radio and television channels to broadcast in NRW),
- to regulate distribution of radio and television programmes on the North Rhine-Westphalian cable networks,
- to allocate broadband cable capacities of cable operators to licensed private television broadcasters,
- to observe the programmes of private broadcasters, to guarantee freedom of speech and to control the protection of minors and advertising regulations,
- to impose adequate sanctions in the case of infringements of the laws,
- to advise broadcasters, content providers, cable operators, and others,
- to co-operate with other media authorities,
- to promote open channels on radio and television,
- to commission media research projects,
- to promote the necessary infrastructure to supply the whole state with terrestrial broadcasting,
- and to allocate attributes for certain broadcasts and television formats.
Authorizing and Licensing
The Media Broadcasting Law of NRW is the most important basis for the activities of the LfM. It manages all licensing provisions for state-wide and local radio and television broadcasters. It determines general broadcasting requirements and contains measures to guarantee diversity of opinions and freedom of speech. Moreover, it also provides rules to protect minors and to regulate advertising and sponsoring. It also gives the LfM a number of instruments to sanction infringements of the law.
Private Television in North Rhine-Westphalia
A number of TV stations are currently licensed by the LfM for terrestrial distribution.
Among others, there are RTL Television, SAT.1, and VOX; they each produce a
programme with DCTP. These programmes can be received via antenna, while other
channels can only be received via satellite dish or cable.
Satellite broadcasting licences can, however, still be granted, as has already
happened for a number of local channels.
The Media Commission of the LfM decides who will be allowed into the cable
networks of NRW. Besides others, the legally foreseen channels (ARD, arte, WDR
Television, ZDF, 3sat, Kinderkanal and Phoenix), as well as those private channels
licensed on the North Rhine-Westphalian terrestrial network (RTL, SAT.1, VOX)
and those Open Channels that have been licensed by the LfM must have priority
access to cable.
If the capacity of a cable system is not sufficient to accommodate all broadcasters
interested in distribution in NRW, the Media Commission will decide and issue
a ranking order. When making that decision, it must ensure that those channels
distributed via cable provide sufficient diversity.
Private Radio in NRW
Local radio stations are close to the citizens in their distribution area. In NRW there are 46 local radio stations, and each one of them has its own local programme. In addition to the air time of the local radio stations, a general programme is also broadcasted by "radio NRW", making it possible for these radio stations to be on air 24 hours a day.
In order to provide for local radio broadcasting, NRW was divided into 46 local broadcasting areas. A broadcasting area comprises on average one county (Kreis) or one city to make local communication and local culture and economic viability possible.
The North Rhine-Westphalian "Two-Pillar Model" for local radio stations, which separates managing and programming responsibilities, is, up to now, unique in the German media landscape. Accordingly, each station is composed of two legally independent bodies: the Veranstaltergemeinschaft-VG and the Betriebsgesellschaft - BG.
The VG is a registered, non-profit organization, within which each important group of the local community has a seat (e.g. trade unions, employers' federations, churches, sport and youth associations, as well as foreign residents). The VG receives the licence from the LfM, is solely responsible for the programme, and employs the editorial staff.
The second pillar, the BG, is organised like a private company and provides the VG with the necessary financial means through capital investments or through advertising income. Local newspaper publishers can have a share of up to 75% and local authorities of up to 25%.
Both pillars are linked to each other through an agreement that regulates tasks and competences: e.g. both decide together who will be appointed editor-in-chief.
Also unique to NRW is the fact that each VG has a legal obligation to allot up to 15% of its daily air time - or a maximum of two hours per day - for the broadcasting of programmes by special-interest groups, particularly those pursuing cultural objectives.
This implies that all citizens of the state have the right to broadcast "homemade" radio programmes on their local radio station during those periods of air time. This is a Community Radio element.
DVB
DVB (Digital Video Broadcasting) was implemented in the Cologne/Bonn area in May 2004. Since October 2004, 24 channels can be received digitally. RTL, VOX, RTL 2, Super RTL, Sat.1, ProSieben, Kabel 1, N 24, CNN, Eurosport, VIVA and Terra Nova are among the implemented private programmes. The user of DVB-T can also receive the legally foreseen channels ARD, ZDF, WDR, NDR, and others.
DAB
Digital Audio Broadcasting (DAB) is the European radio standard. In NRW, multimedia radio will be produced using DAB. It transfers not only sounds but also text, diagrams, pictures and data. In January 1996 the first preparatory steps for a DAB pilot project were taken through the creation of a broadcasting network and the first test broadcast.
The LfM commissioned a long-term accompanying research study for the DAB pilot project on behalf of the DAB Projekt NRW e.V., which was carried out by the EMNID Institute and was completed in 1998. The results were published as part of the booklet series of LfM media research under the title of "Digital Radio in North Rhine Westphalia".
Campus Broadcasting
Campus Radio
There is great interest among students for campus radio. According to a survey carried out by the University of Bochum, approx. 90 % of the students asked would like to listen to campus radio. The interest in content is almost equally divided between the areas of science, politics, art and music. Information about events is of particular importance. In November 1997, the first campus radio in NRW, "Radio c.t. " commenced broadcasting in the Ruhr region's city of Bochum. With "ElDOradio", the university of Dortmund followed in April 1999. By now several other campus radios exist, such as "Hochschulradio Düsseldorf e.V. ", Campus Radio in Münster ("Q90.9"), Bielefeld ("Hertz 87.9"), "Kölncampus" (Cologne) and "Hochschulradio Aachen".
Campus TV
Dr. Ulrich Pätzold, Professor at the Dortmund Institute for Journalism,
is responsible for the first licensed campus TV project in NRW. Within the framework
of a 30-minute weekly programme, "do 1 - universal city television"
(broadcast on the open television channel), the programme makers have particularly
concentrated on the scientific preparation of local topics (e.g. structural
changes in the city) from the view of the university since broadcasting commenced
in May 1998.
Monitoring and Controlling
Programme Principles and Protection of Minors
On the basis of the Media Broadcasting Law of NRW, the LfM is responsible for a wide range of monitoring duties vis-à-vis broadcasters. It must check whether programmes comply with legal programme requirements. This includes issues of the protection of minors and the respect of basic programme principles.
The principles require that all radio and television programmes respect constitutional rules and respect the personal honour of individuals. Programmes should promote international understanding, foster peace, contribute towards the realisation of equality between men and women, and present the widest possible range of opinions. The law prohibits the broadcasting of any programme that would spur racism and xenophobia, glorify war, or display pornographic contents.
Rules on Advertising
Moreover, the LfM has the task of ensuring that advertising regulations are respected. Radio and television broadcasters must make a clear distinction between programmes and commercials, so that the audience will be able to recognise each for what it is. Advertising may neither have an influence on programme contents, nor, if it is aimed at minors, exploit their inexperience. Sponsored programmes must be clearly identified as such at the beginning and at the end of each programme. When a show or a whole channel violates these rules, the LfM is allowed to take action against it by using a graded set of sanctions. It is entitled to impose fines, and may, in extreme situations and in case of ongoing and serious infringement of the law, withdraw the broadcaster's licence.
Right of Complaint
Viewers and listeners have the right to complain against any broadcaster if
they are of the opinion that the latter did not respect programme principles.
The broadcaster in question must reply to the complaint in writing within one
month. If the viewer or listener does not receive any reply, he or she can turn
the complaint over to the LfM for follow-up.
Informing and Advising
Information can be obtained from the LfM. Please send an Email to: info@lfm-nrw.de or call us: +49 -211 - 77007 - 0.
The LfM's mandate to give advice covers not only private broadcasters, but also all persons and institutions now collaborating or wishing to do so in the future with private broadcasting in NRW. Broadcasters, viewers and listeners, as well as those users who would like to make programmes themselves through the open channels, can receive information on legal, financial, and technical issues. The ways of providing advice are as diverse as the issues for which advice is provided: interviews, citizens' meetings, radio days, workshops, meetings for special target groups, and large-scale information events. Information can also be found in specialised documentations, databases and press archives.
Promoting and Qualifying
Citizens as Broadcasters ("Community Broadcasting")
The open channels are quite often described as "broadcasting of the third kind". Here, citizens and social groups, associations or institutions are allowed to create and broadcast programmes they have prepared themselves for radio or television. The promotion of Open Channels is part and parcel of the efforts made by LfM to support the development of media skills among radio and television users.
Open Channels on Cable: (Community-TV)
The first open channel started broadcasting within the framework of the cable pilot project launched in Dortmund in 1985. This project is no longer in the experimental stage, and 10 open channels currently exist in the state, with more in preparation. In NRW, open channels are not affiliated to the LfM. They are registered organisations which have been licensed by the LfM. They manage their own air time, they supervise the broadcasting sequence and help citizens develop television contributions.
The financing of open channels in North Rhine-Westphalia is based on subsidies paid by the LfM: the LfM provides the basic technical equipment and gives a subsidy to cover operating costs. The rest of the money comes from membership dues, contributions, sponsorship, as well as from the cities and communities in the area where the open channel broadcasts.
Open Channels on Local Radio: Bürgerfunk (Community Radio)
The Open Channels on local radio - also known under the name of "Bürgerfunk" - are a peculiarity of North Rhine-Westphalia: up to 15% of the air time of local radio stations is at the free disposal of the citizens. Every local radio station in NRW transmits up to two hours of community radio daily.
The radio shows are produced in so-called Open Channel Workshops, of which more than 180 have already been recognised by the LfM in NRW. The recognition is a prerequisite for higher subsidies from the LfM. Apart from adequate technical equipment, the workshops principally offer excellent information, advice, and training for the use of radio. They were initially built up by non-profit radio broadcasting clubs, evening schools, and church and trade union training centres without any financial support from the LfM. Programmes produced in such recognised radio workshops receive a subsidy from the LfM.
Media Research
One of the tasks of the LfM is to commission investigations of radio programmes and communication services, including new programme forms and "structures", particularly with respect to their effects. These research activities include not only the local and state-wide broadcasting services, but also youth protection. Since 1990, the LfM has commissioned independent communications research institutions with over 30 scientific media projects. As far as it is feasible and possible, the LfM also enters into project-related co-operation schemes for individual research projects, for example, with other state broadcasting authorities.
Through its research projects, the LfM wants to make scientifically based information
available about the programme services of broadcasters and about the presentation
and consequences of new developments in the media. In this way, not only should
discussions about media-related topics be initiated and continued, but educational
media and the need for dealing with legal matters should also be shown, especially
concerning the LfM's activities in the field of media competence.
The LfM released the research results in its publication series "Media Research" (see http://www.lfm-nrw.de/forschung/projekte/aktuell/).
