In-car TV: The state media agreement applies to in-car entertainment

Decision of media law
In-car TV: The state media agreement applies to in-car entertainment

Topic providers

The Media Regulatory Commission looked at in-car entertainment systems from Audi, BMW/Mini and Tesla and decided: These are user interfaces or, in Tesla’s case, media platforms. According to the current state media contract, this means that the systems must, among other things, provide public broadcasting content in an accessible manner.

In-car entertainment systems like the one on the Polestar may come under closer scrutiny in the future due to the attitudes and regulations of the Government Media Convention.

(Photo: Polestar)

The Federal Media Agreement governs the coordination and harmonization of media management in Germany and came into force in 2020. The agreement is intended to ensure that media diversity and quality are maintained in Germany while providing modern control methods for changing media landscape. For example, it regulates the responsibilities of state media authorities regarding broadcasting and television, especially regarding the protection of minors, dissent, advertisements and competitions. And it takes into account the changed system conditions caused by digitization and the emergence of new media platforms.

These new emerging media platforms include in-car entertainment systems. And these, according to the decision of the Accreditation and Management Commission (ZAK) of media companies, are classified as user interfaces, at least those of Audi and BMW/Mini. At Tesla, “Tesla Media Player” is classified as a media platform, as ZAK announced on April 2, 2024. And what does that mean? At least the requirements must be met.

Because, according to ZAC: “With its decision, ZAK emphasizes the idea of the MP that control is based on results: diversity is needed which is received. Simply put, a large number of offers does not make for diversity, which is why the principles of media law that ensure the availability of media releases also apply to new types of releases.

What is a User Interface?

§ 2, paragraph 15 of the State Convention on the Press defines the user interface as follows: “A user interface is a telemedia that provides a textual, visual or acoustic overview of the offers or content from individual or several media platforms, which is used for direction and direct selection of versions, content or underlying software. , which is basically a quick Control of radio, broadcasting-like telemedia or telemedia in accordance with Article 19 Paragraph 1 is possible.

What this user interface can or should do, in particular compliance with media laws, is also specified. Article 84 states that broadcasting, broadcasting-like television and the media must be accessible and, in the case of similar content, as easy to access as possible, as long as they make a specific contribution to the diversity of opinions and offers in Germany. In other words: In theory, in-car entertainment systems must provide easy access to programs from ÖRR and private broadcasters and must not be hidden anywhere to meet the requirements of the State Media Convention.

What is a media platform?

In addition, Tesla’s “Tesla Media Player” was classified as a media platform by ZAK. This means that Tesla will provide “within the technical capacity of a maximum of one-third of the total capacity available for the digital distribution of television programs” for national programs financed by statutory contributions as well as for public broadcasting programs. others, including services that accompany the program should be available.

Long story short: Programs from public broadcasters, radio and television programs, should be given a place in Tesla’s in-car entertainment system and at the same time it should be disclosed to service providers and regulatory bodies how the implementation is done. However, it should also be said that the rules in paragraph 84 only apply to user interfaces if the provider proves that subsequent implementation is technically impossible or only possible with disproportionate effort.

The topic is always interesting and it is very interesting to see how the car manufacturers react to the decision of the ZAK media law. “With advertising, car manufacturers are accepting their responsibility to implement a variety of media in the car. We think and we will strongly demand that other car manufacturers follow suit soon,” says Dr. Thorsten Schmiege, coordinator of the Technical Committee for Infrastructure and Innovation, is optimistic. (sb)

By April 15, 2021

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