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German compulsory broadcast fee is legal, ECJ rules

The contribution is not an illegal form state aid and does not violate EU law, the European Court of Justice ruled on Thursday, responding to a further complaint on the issue brought to them by the Tübingen Regional Court.

German compulsory broadcast fee is legal, ECJ rules
Broadcasters say the contribution helps them maintain good and balanced coverage. Photo: DPA

The contribution – or €17.50 per household per month – is the main source of revenue for the TV and radio stations ARD, ZDF and Deutschlandradio.

For years there has been fierce opposition in Germany to the payment of the radio contribution, which is intended to ensure that public service broadcasters are not dependent on political or economic interests.

In 2017, almost €8 billion was collected. In the past the fee was dependent on what viewing or listening equipment a person had in their home.

Yet since 2013, the radio contribution has been levied flat-rate for each apartment – regardless of how many people live there and whether they have a television or a radio at all. Several people filed suits in German courts against the changed rules.

The Luxembourg judges have now ruled that the contribution is in line with EU law, and that the flat-rate contribution model doesn’t change this. When the licence fee depended on the equipment that each household used, such as TVs, inspectors went from house to house to track down non-payers.

The Tübingen Regional Court therefore asked the European Court of Justice, among others, whether the radio contribution for Südwestrundfunk (SWR) and ZDF was a prohibited state subsidy and if it violated EU law.

Opponents reject the contribution for various reasons. Some on principle, while others think they are being asked to pay too much. Those who live alone, for example, pay more than someone in a shared flat, who can simply divide the fee among those living in the household.

Even the Federal Constitutional Court had not objected in principle to the radio contribution in July and declared the contribution model constitutional. According to this ruling, people with two or more flats may only be asked to pay once in the future.

SEE ALSO: Compulsory broadcast fee is legal, Germany's highest court rules

It gave the government until mid-2020 to change the law so that second home owners are no longer at a disadvantage.

The public broadcasters have refuted that the fee is unconstitutional or too high. ZDF boss Peter Frey said in January that his organization is legally obliged to report on the positives and negatives in any news item.

They also point to studies which have found that 99 percent of people over the age of 14 live in a household that contains at least on device capable or receiving public television or radio.

Member comments

  1. I think a broadcasting fee should be paid. €17.50 is almost nothing compared to the UK our broadcasting fee is over £150.50 per year and increases yearly. It is far too high of course and most of this tax goes to pay BBC staff some people earning over 1 Million £s a year for very little work.

  2. The article does say €17.50 per month, which comes to €210 per year; around £190. But I guess facts are too complicated for you. And if you were to do some simple maths, you would realise that “most of this tax”, which totals billions, does not go to the few high earners in the beeb.

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ZDF

Hitler or Höcke? Regional AfD boss cuts short German TV interview

The far-right AfD politician Björn Höcke broke off an interview with the German broadcaster ZDF after his words were compared to those of Hitler.

Hitler or Höcke? Regional AfD boss cuts short German TV interview
AfD Thuringia boss Björn Höcke during the election campaign in Brandenburg on August 30th. Photo: DPA

Höcke, boss of the AfD in the eastern state of Thuringia, and his press spokesman had asked to restart the awkward interview because Höcke had allegedly been surprised by the questions on his use of language.

The ZDF journalist refused to do this. Höcke and his spokesman then broke off the interview after a short discussion.

At the beginning of the conversation, which was broadcast on Sunday evening during the programme “Berlin direkt”, the interviewer had shown the AfD politician short videos in which his party colleagues were confronted with excerpts from Höcke's book.

READ ALSO: How did Germany's 'most dangerous book' come into existence?

They were then asked to say whether the quotes came from Höcke – or from “Mein Kampf”, Adolf Hitler's 1925 autobiographical manifesto.

None of the politicians wanted to answer the question. AfD Member of Parliament Martin Reichardt said: “Well, I won't be able to answer the question because I didn't read “Mein Kampf”. And I don't know if that is from Mr. Höcke either.”

Another AfD MP, Jens Maier, said: “If (I had to guess) then more from “Mein Kampf”, I would say, but not from Mr Höcke”.

After watching the videos, Höcke said: “That says above all that most people have not read my book at all.” 

When confronted with overlaps in his language and the terminology of Nazism, the AfD's top candidate for the upcoming state elections in Thuringia said it was “absurd” to continually reference the Nazi regime.

READ ALSO: Five things to know about the AfD surge in German regional elections

According to Höcke, there is no universal definition of what Nazi language is. The ZDF journalist continued to ask Höcke whether the terms he used – such as “degenerate”–  were also well-known Nazi vocabulary.

Höcke defended himself, saying these terms “can’t be boiled down to any period in time,”  adding that the terms he used were mentioned before and after Nazism.

High emotional effect

The interview then got even more awkward, with Höcke appearing rattled.

The spokesman then intervened. He said:  “This is not possible.” He went on to say the questions had had a high emotional effect on Höcke and asked that the interview be restarted from the beginning.

“We certainly won't do that again, but you know that too,” replied the ZDF journalist, who added that it raises issues of freedom of the press when politicians are allowed to be satisfied with their answers.

Höcke and his spokesman claimed not to have been prepared in advance for the questions. However, the ZDF journalist stressed that he had mentioned the questions about Höcke's language before the interview.

When the journalist refused to restart the conversation, Höcke said that politicians and journalists could no longer talk to each other in a spirit of trust.

It was clear that “there would be no more interviews with me for you,” said Höcke. He then hinted that the journalist might regret this in the future. “We don't know what's coming,” he said, adding that maybe he would become an “interesting individual, political person in this country.”

'Dark chapter'

The interview was conducted last Wednesday in Erfurt. ZDF has published the interview and the dispute over the new beginning of the interview both as a full-length video and in written form.

The Federal Chairman of the German Journalists' Association, Frank Überall, said it was absolutely right that the ZDF journalist did not engage in “softening” the interview for Höcke.

“Björn Höcke opened another dark chapter of the AfD's disturbing dealings with freedom of the press in general, and critical journalists in particular,” said Überall.

'Monument of shame'

Höcke belongs to the extremist wing of the party and has stirred controvesy since he entered German politics.

There was national outrage when he described Berlin's Holocaust memorial as a “monument of shame in the heart of the capital” in 2017.

“We need nothing less than a 180-degree shift in the politics of remembrance,” he added during the speech in Dresden.

State elections will be held in Thuringia, in the former communist East Germany, on October 27th. In the recent Brandenburg and Saxony elections, the AfD made huge gains.

READ ALSO: Far-right AfD second strongest force in Brandenburg and Saxony

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