The German Federal States are likely to adopt a new law in 2020, known as the Interstate Media Treaty (Medienstaatsvertrag – “MStV”). The MStV will impose new regulations on firms or technologies that serve as intermediaries to online media services. It will also introduce new rules in other areas, e.g., for online content providers and advertising, but the rules for intermediaries are likely to generate the most interest.
After intense debate and two public consultations, which prompted over 1,200 comments, the prime ministers of the German Federal States agreed on a draft of the new law on December 5, 2019. Because the law also implements certain provisions of the latest revision of the EU Audiovisual Media Directive, which Member States must implement by September 2020, it is expected that the Federal State parliaments will adopt the MStV in the first half of this year. Germany notified the MStV to the EU under Directive 2015/1535 in January, and the European Commission is currently reviewing it.
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