Law on the broadcasting station of the federal law "Deutsche Welle" (German-Wave-Gesetz-DWG)

Unofficial table of contents

DWG

Date of completion: 16.12.1997

Full quote:

" Deutsche Welle law in the version of the notice of 11 January 2005 (BGBl. I p. 90), which is due to the law of 26 January 2015 (BGBl. 10) has been amended "

Status:	New by Bek. v. 11.1.2005 I 90
	Amended by G v. 26.1.2015 I 10

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 24.12.1997 + + +) 

  

The G was decided by the Bundestag as Article 1 G 2251-5/1 v. 16.12.1997 I 3094 (RdFunkAuslG) and is gem. Art. 6 (1) entered into force on 24 December 1997. § § § 44 to 57 are acc. Art. 6 (2) entered into force on 1 January 1998. Unofficial table of contents

Content Summary

Section 1:	Foundations of the institution
Subsection 1:	General provisions	§ § 1-3
Subsection 2:	Design of shipments	§ § 4-7
Subsection 3:	Performance of tasks	§ § 8-15
Subsection 4:	Third party rights	§ § 16-21
Subsection 5:	Responsibility for consignments	§ § 22-23
Section 2:	Structure of the institution
Subsection 1:	General provisions	§ § 24-30
Subsection 2:	Radio Council	§ § 31-35
Subsection 3:	Management Board	§ § 36-39
Subsection 4:	Intendant	§ § 40-43
Section 3:	Financing of the institution
Subsection 1:	Financial	§ § 44-57
Subsection 2:	Assets, participations, construction measures	§ § 58-60
Section 4:	Supervision	§ § 61-62

Section 1
Foundations of the institution

Subsection 1
General provisions

Unofficial table of contents

§ 1 Legal Form

(1) The broadcaster of the Bundesrechts Deutsche Welle is a non-profit institution under public law for foreign broadcasting. (2) Deutsche Welle is legally entitled and has the right of self-administration within the scope of the following provisions. (3) The Deutsche Welle is a statute for the regulation of the company's order. Unofficial table of contents

§ 2 Seat and Studios

(1) Deutsche Welle has a seat in Bonn and a seat in Berlin. The headquarters of the director and the associated administration as well as the headquarters for the court of jurisdiction are located in Bonn. (2) Studios can take into account the possibilities of cooperation with domestic and foreign broadcasters. and event organisers at home and abroad. The details of the statutes of Deutsche Welle are regulated. Unofficial table of contents

§ 3 Task

(1) Deutsche Welle offers radio (radio, television) and telemedia services for foreign countries. (2) Deutsche Welle's offers are distributed in German as well as in other languages.

Subsection 2
Design of shipments

Unofficial table of contents

§ 4 Objectives

The offers of Deutsche Welle are intended to make Germany understandable as a European-grown cultural nation and a liberal democratic constitutional state. They are intended to provide a forum for German and other viewpoints on key issues, especially in politics, culture and the economy, both in Europe and in other continents, with the aim of understanding and exchanging cultures and peoples. . In particular, Deutsche Welle promotes the German language. Unofficial table of contents

§ 4a Task planning

(1) Deutsche Welle shall, under its own responsibility, draw up a task planning for a period of four years, using all the information and assessments, in particular existing foreign policy expertise, which are important for its mission. It must be updated annually. The planning basis is the financial framework data of the Federal Government, as far as Deutsche Welle is concerned. In addition, Section 4b (6) (2) Deutsche Welle sets out its programme objectives, priority projects and their weighting for the performance of their tasks in accordance with § § 3 and 4 for their offers, broken down in particular by Target areas, target groups, dissemination paths and forms of supply. (3) Deutsche Welle presents its tasks as part of the training of media professionals, in particular in the context of international development cooperation and development cooperation. of the promotion of external relations. (4) The task planning also includes the criteria governing the evaluation of tenders and the reasons why the proposed distribution channels and forms of supply are intended for the respective target areas and target groups, and how the cooperation with Third, pursuant to § 8 (1) and (4). Unofficial table of contents

Section 4b Participation procedure

(1) Deutsche Welle directs the draft of its task planning in the annually updated version following the decision of the Federal Government on the next federal budget and financial plan in time for the German Bundestag and the German Bundestag The draft terms of reference are published in an appropriate manner in order to give the interested public an opportunity to express their views at home and abroad. (3) The Federal Government is taking the substantive aspects of the planning process into account. Task planning of Deutsche Welle within six weeks position. The German Bundestag is to deal with the task planning in the light of this opinion within two months. (4) The Federal Government is to inform Deutsche Welle of the financial provisions adopted in the current budgetary procedure. With the approval of the Board of Directors, Deutsche Welle decides its task planning with the approval of the Board of Directors, with the inclusion of opinions of the German Bundestag, the Federal Government, and the German Bundestag as well as from the public within two months. This task planning also includes the calculation of the operating and investment costs during the planning period. If Deutsche Welle does not follow statements in its task planning, it shall justify its decision. The decision on their task planning is the responsibility of Deutsche Welle. (6) The amount of the federal subsidy for Deutsche Welle is determined by the annual federal budget law. (7) Deutsche Welle publishes the federal subsidy. the corresponding final version of the task planning. Unofficial table of contents

§ 4c Evaluation

(1) Deutsche Welle carries out a continuous evaluation of its offers and their effects. (2) Deutsche Welle draws up a report on the evaluation of its offers carried out for the four-year planning period of the task planning. and their effects. In doing so, it shall include the expertise of third parties from Germany and abroad. (3) Deutsche Welle shall forward its report in accordance with paragraph 2 to the German Bundestag, the Federal Government and the Federal Court of Auditors, and shall publish it. Unofficial table of contents

§ 5 Programme principles

(1) Deutsche Welle has in its broadcasts respect and protect the dignity of the human being. The provisions of the general laws, the legal provisions for the protection of youth and the equal rights of women and men as well as the right of personal honour must be observed. (2) The broadcasts must be independent It is not possible to unilaterally support a party or any other political association, a religious community, a profession or a community of interests. The moral, religious and ideological convictions of the radio participants must be respected. (3) The reporting should be comprehensive, truthful and factual, as well as in the awareness that the broadcasts of Deutsche Welle are the Relations between the Federal Republic of Germany and foreign countries. The origin and content of the messages intended for publication shall be considered with due diligence. Comments are clearly to be separated from messages and marked as such by the author's name. Unofficial table of contents

§ 6 Inadmissible offers, protection of minors

(1) Without prejudice to criminal liability, offers shall be inadmissible if:

1.

Incite to hatred against parts of the population or against a national, racial, religious or ethnic group, to incite violence or arbitrary action against them, or to attack the human dignity of others by the fact that parts of the hatred of the hatred of the population the population or a reserved group is inoculated, maliciously contempted or slandered,

2.

depicting cruel or otherwise inhuman acts of violence against people in a way that expresses a glorification or trivialisation of such violence or which is the cruel or inhuman of the process in a human dignity the infringing way; this also applies to virtual representations,

3.

gloriing the war,

4.

in breach of human dignity, in particular by depicting people who are or have been or have been subjected to death or serious physical or mental suffering, with an actual event being rendered without a legitimate person being given a right to There is an interest in this form of presentation or reporting; a consent is incontetable,

5.

are pornographic or represent children or young people in unnaturally gender-concreted posture; this also applies to virtual representations,

6.

are included in the list in accordance with Section 18 of the Youth Protection Act or are wholly or essentially identical to a work included in this list,

7.

are evidently suitable for the development of children and young people or their upbringing into a person responsible for their own responsibility and of a community-capable personality, taking into account the special form of action of the distribution medium. at risk.

In the case of point 2, Section 131 (2) of the Penal Code shall apply accordingly. In the case of point 3, section 86 (3) of the Criminal Code shall apply mutatis. (2) After the offer has been included in the list in accordance with Section 18 of the Juvenile Protection Act, the prohibitions referred to in paragraph 1 shall also act on the basis of substantial changes to the content of the list. Decision by the Bundesprüfstelle für jugendjeopardidende Medien. Unofficial table of contents

§ 6a Development impairing offers

(1) In so far as Deutsche Welle disseminates or makes available offers which are suitable for affecting the development of children or young people into a person responsible for their own responsibility and of a community-capable personality, it shall ensure that (2) In the case of tenders, the suitability for impairment of development within the meaning of paragraph 1 is presumed to be in principle if it is based on the law on the protection of minors are not released for children or young people of the age-old age. Sentence 1 shall apply in accordance with tenders which are essentially the same as the rated offer. (3) If a development-impairing effect referred to in paragraph 1 is to be adopted on children or young people, Deutsche Welle fulfils its Obligation under paragraph 1 if the offer is made available or made available only between 11 p.m. and 6 a.m. If a developing effect on children or young people under 16 years of age is to be feared, the offer may only be made available or made available between 10 p.m. and 6 a.m. In the case of films which are not released under 12 years of age pursuant to Article 14 (2) of the German Youth Protection Act, the welfare of younger children must be taken into account in the choice of broadcasting time. (4) For broadcasts subject to transmission time restrictions, the following may be taken into account: Programme announcements with moving images shall only be broadcast at the times referred to in paragraph 3. Consignments for which a developable effect on children or adolescents under the age of 16 years is to be adopted must be announced by means of acoustic signs or by means of optical means throughout the programme as inappropriate for the (5) Deutsche Welle may provide for time restrictions in directives or in individual cases for films to which the Youth Protection Act does not apply, in order to take into account the specific characteristics of the Broadcast films on television, especially in television series. (6) For Deutsche Welle may provide other transmission formats with respect to time limits if their design is suitable for the subject, subject treatment, design or presentation in an overall assessment, children or young people in their (7) For consignments intended exclusively or predominantly for non-European countries, the time limits determined in accordance with paragraphs 3 to 6 shall be determined after the local time in all parts of the Target countries. (8) At the request of the intendant, the Radio Council of Deutsche Welle can of the presumption referred to in paragraph 2. This shall apply in particular to tenders for which the evaluation shall be longer than 15 years. The supreme state youth authorities must be informed of the deviating evaluation. (9) Paragraph 1 shall not apply to news broadcasts, broadcasts on the political events in broadcasting and comparable offers in the case of telemedia, to the extent that a justified There is interest in this form of presentation or reporting. Unofficial table of contents

§ 7 Youth Protection Officer/Youth Protection Officer

(1) The Artistic Director calls a Youth Protection Officer (s). (2) The Youth Protection Officer is the contact person for the radio participants and users and advises the director on issues relating to the protection of minors. This person shall be involved in the right and in good time by Deutsche Welle in the case of questions relating to the buying-in, production, acquisition, planning and design of offers and in all decisions relating to the protection of minors, and to fully inform about the respective offer. It may propose to the director a restriction or modification of offers. (3) The youth protection officer must have the technical knowledge required for the performance of his/her duties. This person is free of instructions in their activities. It must not be penalised because of the performance of its tasks. They shall be provided with the necessary resources to carry out their duties. To the extent that this person is a employee of Deutsche Welle, it is to be exempted from the work performance in the form of a payment of their references to the extent necessary for their tasks. (4) The youth protection officer of Deutsche Welle is to be appointed with the commissioners for the protection of minors for the state broadcasters, the ZDF and the private organisers of television programmes organised throughout Germany, to exchange experiences on a regular basis throughout Germany.

Subsection 3
Performance of tasks

Unofficial table of contents

§ 8 Cooperation with third parties

(1) Deutsche Welle works closely together with public broadcasters in Germany and abroad in order to produce their broadcasts. In particular, Deutsche Welle is expected to work with the state broadcasters of ARD and the ZDF. In its programme design, it can use broadcasts of the public service broadcasters of the countries and leave their broadcasts to them for a programme takeover. (2) Deutsche Welle can be used for the production and economic exploitation of the programme. cooperate with other broadcasters in radio productions and participate in other companies for this purpose within the scope of § 59. The production of the radio productions pursuant to the first sentence may not be used primarily for economic recovery. (3) Cooperation with broadcasters and broadcasters under paragraphs 1 and 2 shall be permitted, provided that the editorial Deutsche Welle (4) Deutsche Welle works on a reciprocal basis in order to fulfil its tasks, in particular with the institutions that are involved in international relations, culture, business and science . Unofficial table of contents

§ 9 Productions

(1) Deutsche Welle shall carry out the tasks assigned to it by distributing broadcasts which it shall:

1.

is planning and manufacturing itself (own production),

2.

produced jointly with third parties (Community productions),

3.

can be manufactured by third parties (commissioned productions),

4.

from third parties (foreign productions).

(2) In order to illustrate the diversity of German-speaking and European space and to promote European film and television productions, Deutsche Welle is intended to cover the main part of its overall feature for feature films, television games, series, documentaries (3) The feature films, television games, series, documentary arsenals and comparable productions of Deutsche Welle are to be reserved for the respective European works. a fair share of the Community's own and Community production as well as to European works by independent producers. Under the works of independent manufacturers, a reasonable quota should be reserved for newer productions that are broadcast within a period of five years after their production. (4) Deutsche Welle does not preside over cinematographic works. Two years after their first performance in the cinema, unless the right holders and the Deutsche Welle have agreed otherwise. (5) A influence on the design and content of Deutsche Welle's broadcasts by third parties is is not allowed. If Deutsche Welle uses order, community or foreign productions, it shall ensure that it complies with the provisions of this Act, in particular those of § § 4 to 6. Unofficial table of contents

§ 10 Advertising

(1) Advertising must not mislead, do not harm the interests of consumers and do not promote behaviour which endangers the health or safety of consumers and the protection of the environment. Advertising must not cause harm to children and young people either physically or in a mental state. Advertising, which is also aimed at children or young people or in which children or young people are used, must not harm their interests or exploit their inexperience. (2) The advertising of alcoholic beverages must be subject to the following criteria: corresponding to:

a)

It must not be aimed at children or young people, nor should it be particularly appealing to children and young people, or to represent them in terms of alcohol consumption.

b)

There should be no link between improvement of physical performance and alcohol consumption or driving of motor vehicles and alcohol consumption.

c)

It must not be the impression that alcohol consumption promotes social or sexual success.

d)

It must not suggest a therapeutic, stimulating, calming or conflict-solving effect of alcohol.

e)

Non-compliance with alcoholic beverages shall not be allowed to be promoted or shall not be negative or negative.

f)

The level of the alcoholic strength of beverages must not be highlighted as a positive property.

(2a) In the case of advertising for tobacco products in Telemedia, paragraph 2 (a) shall apply. (3) Advertising or advertisers shall not be allowed to influence the content and editorial content of the rest of the programme. (4) Advertising must be clearly identifiable as such. It must be clearly separated from other program parts on television by optical and in the radio by acoustic means. In advertising, subdued techniques must not be used. A partial occupancy of the broadcast image with advertising is permitted if the advertisement is clearly optically separated from the rest of the program and marked as such. Within the framework of Deutsche Welle's cooperation with the ARD Land Broadcaster and the ZDF, advertising entered into the image or changed subsequently in the picture is permissible. (5) Daugainers are allowed, if the advertising character is recognizable in the foreground and the advertising is an essential part of the broadcast. They must be announced at the beginning as a permanent acquisition and will be marked as such during their entire course. (6) Slight advertising is inadmissible. Advertising shall be the mention or presentation of goods, services, names, trade marks or activities of a producer of goods or of a provider of services in programmes, provided that they are intended for advertising purposes and May mislead the general public as to the actual purpose of this mention or presentation. A reference or presentation shall be deemed to be intended for advertising purposes, in particular if it is against payment or any other consideration. (7) No person may be present in television advertising who regularly receive news broadcasts or news items. (8) Advertising of a political, philosophical or religious nature is inadmissible. § 17 remains unaffected. (9) Transfers of services and broadcasts for children may not be interrupted by advertising. (10) Television advertising is to be inserted into blocks and between individual broadcasts. (11) Advertising in one Television programme specially and frequently to viewers of another State, which has ratified the European Convention on Transfrontier Television and is not a member of the European Community, may, for television advertising there, be entitled to shall not be circumvented by the stricter rules. Sentence 1 shall not apply if agreements have been concluded with the State concerned in this area. (12) The total duration of advertising in the television programme of Deutsche Welle is not more than 20 minutes per day per year on average. No fully used advertising time may be collected for up to five minutes on a daily basis. In the case of consignments for regional distribution areas, a higher advertising content is permitted. The duration of the spot advertising on television may not exceed 20 per cent within a period of one hour. (13) Advertising in the form of direct offers to the public for the sale, purchase or conclusion of a rental service. (14) The Broadcasting Council shall adopt directives for the implementation of paragraphs 1 to 13. Unofficial table of contents

§ 11 Sponsers

(1) Sponsers shall be the contribution of a natural or legal person or an association of persons not involved in broadcasting activities or in the production of audiovisual works, for the direct or indirect financing of a consignment; to promote the name, the brand, the identity of the person, its activity or its services. (2) In the case of consignments which are sponsored in whole or in part, the sponsor must be able to finance it at the beginning and end of the programme in a reasonable short period of time. clearly indicated; the reference is also made in this frame by moving image possible. In addition to or in place of the sponsor's name, the company emblem or a brand may also be displayed. (3) The sponsor's content and programme space may not be influenced by the sponsor in such a way that the responsibility and the responsibility for the sponsorship are not affected. the editorial independence of Deutsche Welle is impaired. (4) Spent broadcasts may not be used for sale, purchase or conclusion of a rental or lease agreement on the products or services of the sponsor or of a sponsor or a sponsor. Third, especially by means of special indications, stimulate. (5) Who after do not advertise statutory provisions, or who mainly manufactures or sells products or who provides services for which advertising is prohibited by law, may not sponsor broadcasts. (6) News Consignments on political events may not be sponsored. (7) The Broadcasting Council shall adopt directives for the implementation of paragraphs 1 to 6. Unofficial table of contents

§ 12 Program submission to third parties

Deutsche Welle may allow foreign broadcasters or third parties to re-broadcast the broadcasts produced or disseminated abroad, to feed into foreign cable networks or to use them in any other way, if: This is intended to fulfil its programme mandate and to exclude any commercial distribution of the delivered consignments by third parties. Foreign broadcasters or third parties are not entitled to the transfer of Deutsche Welle broadcasts. Unofficial table of contents

§ 13 Transcription

(1) Deutsche Welle may produce broadcast German or foreign-language broadcasts for foreign broadcasters (transcription). (2) The use of the broadcasts produced in accordance with paragraph 1 outside the broadcasting service, the transmission by foreign broadcasters to third parties as well as the commercial distribution of the broadcasts by third parties are not permitted. If consignments are released for one-off broadcast within a specified period of time, it is contractually ensured that they are deleted after the broadcast by the third party. Unofficial table of contents

§ 14 Druckwerke

Deutsche Welle can publish printing units with program-related content, as far as this is necessary for the performance of their tasks. Unofficial table of contents

§ 15 broadcasting technology

(1) Deutsche Welle may use the same technical transmission possibilities available to the public broadcasters of the countries in order to fulfil its task in accordance with § 3. This also includes the playback and broadcasting of the programmes via satellites. (2) In order to fulfil its task, Deutsche Welle can rent the necessary radio stations at home and abroad; abroad, it can provide the necessary radio stations. also erect, entertain and operate. (3) Deutsche Welle's programs can be broadcast via satellite, as well as being terrestrial distributed abroad and fed into foreign cable networks. Deutsche Welle also uses its assigned transmission options in the short and medium wave range for its radio programs. In addition, Deutsche Welle broadcasts its radio programs from hired broadcasters or its own relay stations abroad.

Subsection 4
Third party rights

Unofficial table of contents

Section 16 Right of the right to speak

Deutsche Welle provides the Federal Government with adequate transmission time without delay and free of charge in the event of crises or disasters, or in other major security situations. Unofficial table of contents

§ 17 Send Time for Third Parties

The Evangelical Churches, the Catholic Church and the Jewish Community are, upon request, appropriate transmission times for the transmission of acts of worship and celebrations or other religious broadcasts, including those concerning questions of their public responsibility. Other religious communities of public law spread throughout the territory of the Federal Republic of Germany must be adequately taken into account. Unofficial table of contents

§ 18 Counter-Representation

(1) Deutsche Welle is obligated to distribute by broadcasting the counterrepresentation of the person or body affected by a factual allegation disseminated by Deutsche Welle in a broadcast. (2) The duty to disseminate the Counter-representation does not exist if:

1.

the person or body concerned has no legitimate interest in the distribution, or

2.

the counter-representation is not appropriate to its extent, in particular the extent of the objectionable part of the consignment significantly exceeds.

(3) The reply must be limited to actual information and must not be subject to a criminal offence. It shall be written in writing and shall be signed by the person concerned or his legal representative. The person concerned or his representative may demand the disclosure only if the reply is immediately, no later than three months after the alleged factual allegation has been disseminated, to the Deutsche Welle. The reply must refer to the consignment and the allegation of fact. (4) The reply must immediately be made within the same programme as the alleged factual allegation, as well as at the same time of day or, if this is not the case, is not possible at a time of transmission which is equivalent to the period of the consignment objectionable. The distribution is carried out without any on-board, commentaries and omissions. A reply to the reply is only permissible if it is limited to facts. (5) The distribution of the reply is free of charge. (6) Deutsche Welle rebates the distribution of the counter-representation or remains unactive, the person concerned or the person concerned shall be open to the ordinary legal proceedings. At the request of the person concerned, the court may order that Deutsche Welle disseminate a counterstatement in the form of paragraph 4. The procedures for applying the rules of the Code of Civil Procedure on the procedure for the adoption of an inordinated disposition must be applied accordingly. A risk to the claim does not need to be credibly made. (7) Paragraphs 1 to 6 do not apply to truthful reports of public meetings of the European Parliament, of the legislative bodies of the Federal Government, of the Länder, of the representations of the municipalities and municipal associations, the courts as well as for consignments according to § § 16 and 17. (8) A reply can not be required for a counter-presentation. Unofficial table of contents

§ 19 Inputs and complaints

(1) Everyone has the right to contact Deutsche Welle with suggestions on the program and entries. (2) Inputs that claim the violation of program principles (Program Complaints) should immediately after the broadcast of the Shipment is collected. The Artistic Director decides on program complaints within one month after receipt by written notice. (3) The Director shall submit the program complaint and his final communication to the Broadcasting Council for information. If the general manager of the programme complaint does not help or does not help within the time limit laid down in the second sentence of paragraph 2, the complainant may turn to the Broadcasting Council, which then decides on the programme complaint. The general manager has to expressly point out this possibility in his communication. (4) The details of the articles of association are laid down in the statutes. It may provide that the Broadcasting Council shall transfer the decision referred to in the second sentence of paragraph 3 to a Board of Appeal. Unofficial table of contents

Section 20 Call right

(1) Everyone may contact the Data Protection Officer of Deutsche Welle if he considers that he has infringed on his rights in the collection, processing or use of his personal data by Deutsche Welle. (2) If, at the same time, the violation of the program principles in accordance with § 19 is claimed, the data protection officer shall immediately inform the intendent and, at the same time, give him an opinion. the content of the call. If the general manager agrees to this opinion, the provisions of Section 19 (2) and (3) shall apply to the further procedure. If the Director wishes to depart from the opinion of the Data Protection Officer in his decision regarding the part relating to the appeal, he shall submit the input to the Board of Directors for the final decision. The management board is bound by the decision of the Board of Directors. (3) If a program complaint is made in accordance with § 19, the general manager shall forward this input to the data protection officer for the opinion; the second sentence of the second sentence of paragraph 2 shall apply accordingly. Unofficial table of contents

Section 21 Safety of evidence

(1) From all consignments that are distributed by Deutsche Welle, original and complete sound recordings, from television broadcasts, shall also be produced and stored. (2) The retention period shall be three months from the date of the day the broadcast of the broadcast. If within this period a consignment is objected, the record shall be kept up until the complaint is dealt with by a final court decision, by judicial settlement or by other means. (3) Who in writing credible power to be affected by a broadcast of Deutsche Welle in its rights can demand from Deutsche Welle insight into the recording of this broadcast and at its own expense by the Deutsche Welle .

Subsection 5
Responsibility for consignments

Unofficial table of contents

Section 22 General responsibility

(1) Anyone who has initiated or authorized the consignment of a contribution shall bear the responsibility for its content and design in accordance with the general laws and the special provisions of this law. It is also responsible who has failed to act in accordance with his duties. (2) It is presumed that the mission of all the contributions is responsible for the broadcast of all the contributions. If and to the extent that a representative has been active for him, the presumption shall apply to the latter's expense. Sentences 1 and 2 are not applicable in criminal and criminal matters. (3) For the content and design of the broadcasts for which Deutsche Welle has granted transmission times in accordance with § § 16 and 17, the person responsible for the transmission time shall be responsible for the content and design of the consignments. (4) The responsibility of other persons, in particular of the author, manufacturer or designer of a contribution, shall remain unaffected. Unofficial table of contents

§ 23 The obligation to provide information

(1) Deutsche Welle announces on request name and service address of the director or other persons responsible for the broadcast. (2) Deutsche Welle shall provide the Federal Government Commissioner for Culture and the Media with the information on the , in order to comply with their reporting and reporting obligations, including in accordance with Article 4 (3) of Directive 89 /552/EEC of 3 December 2002. Article 6 (2), in conjunction with Article 19 of the European Convention on Transfrontier Television of 5 May 1989, requires the Commission to provide its services in accordance with Article 6 (2).

Section 2
Structure of the institution

Subsection 1
General provisions

Unofficial table of contents

Section 24 Institutions

(1) The organs of Deutsche Welle are:

1.

the Broadcasting Council,

2.

the Management Board,

3.

the artistic director.

(2) The boards of Deutsche Welle are the Broadcasting Council and the Board of Directors. (3) The members of the committees are volunteering. Unofficial table of contents

Section 25 Incompatibility of offices and activities

(1) The memberships in the committees of Deutsche Welle are mutually exclusive. The Artistic Director may not be a member of the board. (2) The members of the bodies may not pursue any economic or other interests which are likely to endanger the performance of their duties as members of the bodies. In particular, they shall not be members of an institution

1.

another public broadcaster, or a private broadcaster,

2.

a combination of public or private broadcasters;

3.

a company governed by private law which has direct or indirect contractual arrangements for the supply of broadcasting programmes or parts of the programme to a public service or private broadcaster, or

4.

a public service institution responsible for the authorisation of and supervision of broadcasters under private law;

be. Sentence 2 shall not apply to members of supervisory bodies or bodies of a company posted by Deutsche Welle in which Deutsche Welle is involved. (3) The members of the boards may not be subject to a service or employment contract. as a freelanted employee or otherwise in charge of the Deutsche Welle or any of the institutions referred to in the second sentence of paragraph 2, associations of institutions, companies or companies, unless it is an occasional one, non-permanent activity. (4) Those of the social groups and Organizations designated members of the Broadcasting Council, as well as members of the Board of Directors elected by the Broadcasting Council from these groups and organizations may not be a member of the European Parliament, a legislative body of the Federal government or a federal government or a member of the federal government or a federal government. Unofficial table of contents

Section 26 Independence

(1) In the performance of their duties, the members of the bodies shall represent the interests of the general public. They shall not be bound by any instructions or instructions. (2) The members of the bodies may not be prevented from taking over and exercising their duties, or may thereby be disadvantaged in their service or employment relationship. It is also inadmissible to dismiss them or to terminate them for reasons of membership of the committee. If they are in a service or employment relationship, they shall be granted the time necessary for their work. Unofficial table of contents

Section 27 Term of office

(1) The term of office of the bodies shall be five years and shall begin with their first meeting. (2) After the end of the term of office, the bodies shall continue to conduct the business until the corresponding newly formed bodies at their constituent meeting They met. Unofficial table of contents

Section 28Abconvening and early retirement

(1) The State bodies, as well as the social groups and organizations, may depart the member elected or appointed by them if the activity of the member is terminated by the office of choice or designation. (2) A member shall apply In addition, if the conditions of § 25 are no longer fulfilled and the relevant body decides to do so by decision. (3) If a member fails to act in advance, then the member of the committee responsible for the election or appointment of the member of the member state shall be responsible for the decision. To elect a successor to a successor for the remainder of the term of office or to name. Unofficial table of contents

Section 29 Reconvening of the members of the Gregrant

(1) By no later than four months before the end of the term of office of the Broadcasting Council, its chairman shall invite the election or appointment of the members for the election or appointment of the members for the new Radio Council. (2) No later than four months before the end of the The term of office of the Board of Directors shall invite its chairman to the state bodies referred to in section 31 (2) and the chairman of the Broadcasting Council for the election or appointment of the members for the new board of directors. (3) As long as and as far as the election and as far as the election is concerned The number of members of the European Parliament shall be reduced to (4) In the case of election or appointment, work shall be taken to ensure that equal participation of women and men is created or obtained. Unofficial table of contents

§ 30 Reimbursement of expenses

The members of the committees are entitled to compensation for expenses as well as travel expenses, daily allowances and overnight accommodation. The statutes shall be regulated in detail.

Subsection 2
Radio Council

Unofficial table of contents

§ 31 Composition

(1) The Broadcasting Council consists of 17 members. (2) The two members of the Broadcasting Council are elected by the German Bundestag and the Bundesrat. Three members are appointed by the federal government. (3) The following social groups and organizations each nominate a member of the Broadcasting Council:

1.

Evangelical Church,

2.

Catholic Church,

3.

Central Council of Jews in Germany,

4.

Federal Association of German Employers ' Associations in agreement with the German Chambers of Industry and Commerce (DIHT),

5.

Trade-union leaders,

6.

German sports federation,

7.

International Training and Development (InWent) gGmbH,

8.

German Cultural Council,

9.

German Academy for Language and Poetry,

10.

University Rectors ' Conference.

(4) For each member of the Broadcasting Council, one alternate member shall be elected or designated. The Deputy Member shall participate fully in the meetings of the Broadcasting Council and of its committees in the event of the ordinary Member being prevented from attending the meeting. Unofficial table of contents

Section 32 Tasks

(1) The Radio Council shall represent the interests of the general public at Deutsche Welle. He decides on questions of fundamental importance for Deutsche Welle. He advises the general manager in general programme matters and has an impact on the fulfilment of the programme's mandate. (2) The Broadcasting Council monitors compliance with the programme principles (§ 5) and the general programme guidelines. It may establish that certain programmes have contravened the programme principles. He/she may give up the intendane to defer or refrain from any breach of the law. A control of individual broadcasts by the Radio Council before it is broadcast is not permissible, unless there are already clear indications of a breach of the programme principles. (2a) The Radio Council decides on the Task planning of Deutsche Welle on the basis of a presentation of the intendant. (3) In particular, the Broadcasting Council has the following tasks:

1.

Decree or amendment of the Articles of Association of Deutsche Welle,

2.

adoption or amendment of programme directives,

3.

Election and dismise of the Intendante,

4.

Election and dismise of the members of the Board of Directors pursuant to § 36 para. 1 no. 2,

5.

Formation of committees of the Broadcasting Council,

6.

Election and dismise of the members of the Committees of the Broadcasting Council,

7.

(dropped)

8.

Adoption or amendment of the Rules of Procedure of the Broadcasting Council,

9.

To adopt or amend the directives on the Sponser,

10.

Adoption or amendment of the guidelines on advertising.

(4) The Broadcasting Council must be consulted in matters of a financial and human-economic nature. This shall apply in particular in the case of the establishment of the economic plan and the discharge of the general manager's discharge by the management board. Unofficial table of contents

Section 33 Meetings

(1) The Broadcasting Council shall meet at least every three months at a regular meeting. At the request of six members or the intendant, he must meet for an extraordinary meeting. (2) The meetings of the Radio Council are not public. The Radio Council may decide to meet in a public meeting. (3) The Chairman or a member of the Board of Directors appointed by him and the Artistic Director shall attend the meetings of the Broadcasting Council. They are to be heard on request. (4) A member of the Staff Committee participates in the meetings of the Broadcasting Council and can be consulted on issues that do not concern the programme area. Unofficial table of contents

Section 34 Decisions and elections

(1) The Radio Council is quorum if the majority of its members are present after a proper summons. (2) For decisions of the Broadcasting Council, a majority of the votes of its members present shall in principle be required. Decisions on the determination of breaches of the principles of the programme and of the adoption or amendment of the Rules of Procedure shall require a majority of the votes of its members. A majority of two-thirds of the votes of its members shall be required

1.

the adoption or amendment of the Articles of Association of Deutsche Welle,

2.

the convening of the intendant,

3.

the convening of a member of the Board of Directors in accordance with section 36 (1) (2),

4.

the convening of a member of a committee of the Radio Council.

(3) In the case of elections, paragraph 1 shall apply. (4) The Broadcasting Council shall elect from its centre in secret ballot by a majority of its members a chairman and his deputy. (5) The Broadcasting Council shall elect the director by a majority of two-thirds of the votes of its members. If a majority of two-thirds of the votes of the members fail to materiate in two ballots, the majority of the members shall decide. (6) For other elections, paragraph 2, sentence 1 shall apply accordingly. Unofficial table of contents

Section 35 Committees

(1) The Radio Council shall each form a programme committee for radio and television from among its members; it may also set up other committees. (2) The committees shall prepare the decisions of the Radio Council in the respective fields of responsibility. They shall report annually to the Broadcasting Council on their activities. (3) The Rules of Procedure shall be laid down in more detail.

Subsection 3
Management Board

Unofficial table of contents

§ 36 Composition

(1) The Administrative Board shall consist of seven members. He belongs to:

1.

one representative from the German Bundestag and the Bundesrat, as well as a representative to be elected or appointed by the Federal Government,

2.

Four representatives of the social groups and organizations referred to in section 31 (3) of the Broadcasting Council.

(2) Proposals for the members to be elected pursuant to paragraph 1 (2) may be submitted from the centre of the Broadcasting Council or from the social groups and organisations referred to in Article 31 (3). (3) For each member of the Board of Directors is to elect or appoint an alternate member. The Deputy Member shall participate fully in the meetings of the Management Board if the full member is prevented from attending. Unofficial table of contents

Section 37 Tasks

(1) The Board of Directors shall supervise the management of the artistic director outside the programme design. To this end, he can request a report from the director at any time, inspect the documents of the Deutsche Welle, inspect facilities and investigate operations. (1a) The decision of the Radio Council on the task planning of Deutsche Welle requires the approval of the Administrative Board on the basis of a presentation by the Director. (2) The Board of Directors also has the following tasks:

1.

Conclusion and termination of the service contract with the intendant,

2.

Ordering and dismissive of the Data Protection Officer,

3.

Representation of Deutsche Welle in legal transactions with the artistic director and in the case of legal disputes between Deutsche Welle and the intendante,

4.

Statement of the Economic Plan of the Deutsche Welle

5.

Determination of the annual accounts,

6.

Adoption or amendment of the Financial Regulation,

7.

granting discharge to the intendant,

8.

Adoption or amendment of the Rules of Procedure of the Administrative Board.

(3) The approval of the Administrative Board shall be subject to

1.

the conclusion and termination of the service contracts with the directors,

2.

Conclusion of collective agreements,

3.

the acquisition and sale of companies and shareholdings in companies;

4.

Acquisition, sale and loading of land,

5.

Procurement of equipment of any kind and of any other obligations, insofar as the value of the business exceeds EUR 300,000 in individual cases and it is not a contract for the production and delivery of programme parts,

6.

over-and out-of-plan expenses,

7.

Adoption or amendment of the Statute,

8.

(dropped)

The amount set out in the first sentence of paragraph 5 may be adjusted by the statutes in accordance with economic development. (4) The general manager shall be obliged to inform the Board of Directors prior to the conclusion of contracts for the production and delivery of programme parts. insofar as the business value exceeds the amount referred to in the first sentence of paragraph 3, in individual cases. (5) The Board of Directors must be consulted by the Broadcasting Council before the appointment of the Director. Unofficial table of contents

Section 38 Meetings

1. The Administrative Board shall meet at least every two months for a regular meeting. At the request of a member or the director, he/she must meet at an extraordinary meeting. (2) The Chairman or a member of the Broadcasting Council and of the Artistic Director may attend the meetings of the Board of Directors. participating. They are to be heard on request. (3) The meetings are not public. Unofficial table of contents

Section 39 Decisions and elections

(1) The Administrative Board shall be quorum if the majority of its members are present after a proper summons. (2) The majority of the votes of its members present shall, in principle, be required for decisions of the Administrative Board. The adoption of the budget, the adoption or amendment of the Financial Regulation, the adoption or amendment of the Rules of Procedure and the consent to the adoption or amendment of the Statute and the consent to the decision on the planning of tasks (3) The Administrative Board shall elect, by a secret ballot, a chairman and his deputy, by a majority of its component members.

Subsection 4
Intendant

Unofficial table of contents

Section 40 Election and term of office

(1) The Artistic Director shall be elected by the Broadcasting Council for six years in secret ballot. Re-election is allowed. After the end of his term of office, he shall conduct the business until the term of office of a chosen successor begins. (2) Tasks of the intendant may only be carried out, who

1.

has his permanent residence or habitual residence in the federal territory,

2.

is not limited to business,

3.

may be subject to unrestricted criminal proceedings,

4.

the ability to hold public office, and

5.

Fundamental rights have not been affected.

Unofficial table of contents

Section 41 Representation of the Intendante

If the Artistic Director is dismissed or if he fails, his representative shall take the business until the term of office of a chosen successor begins. Unofficial table of contents

Section 42 Tasks

(1) The artistic director is the head of the Deutsche Welle. He is solely responsible for the programme design and for the entire operation of the institution. The general manager shall ensure that the consignments comply with the statutory provisions. The rights of the other institutions remain unaffected. (2) The Artistic Director represents Deutsche Welle in court and out of court. (3) The Artistic Director shall adopt a Rule of Procedure of Deutsche Welle, in which the responsibilities of the Directorates-General as well as the course of business is regulated within the Directorates-General. Unofficial table of contents

Section 43 Decreation and convening

(1) The service contract of the director ends with the expiry of the term of office. (2) The general manager can be dismissed by the Broadcasting Council at any time before the end of his term of office. The Artistic Director must be heard before the decision. If the Broadcasting Council decides to convene, the Administrative Board shall terminate the service contract of the Director. (3) In the event of a dismise in accordance with paragraph 2, the remuneration for the duration of his term of office shall be the subject of appropriate application of the service contract. continued.

Section 3
Financing of the institution

Subsection 1
Financial

Unofficial table of contents

Section 44 Financing guarantee

Deutsche Welle will be able to finance the offers required under this law, taking into account the development of broadcasting technology. Unofficial table of contents

Section 45 Revenue

(1) Deutsche Welle is financed from the annual grant and grants from the federal government and other revenue. (2) The amount of the federal subsidy is determined in accordance with the federal budget law. (3) Deutsche Welle's task planning (§ § 4a, 4b) is ensured by the four-year planning period, the medium-term financial planning of the Federal Government and the decisions of the budgetary legislature. Unofficial table of contents

§ 46 Principles of economic management

(1) Deutsche Welle is self-employed in its economic management, insofar as this law does not determine or permit anything else. (2) Deutsche Welle has to lead a commercial accounting system according to the Commercial Code. (3) Deutsche Welle is giving itself , in agreement with the Federal Court of Auditors and in consultation with the Federal Government, a financial regulation which sets out in greater detail the preparation and implementation of the economic plan, the management of cash registers and accounts and the accounts of Deutsche Welle. (4) The Employees of Deutsche Welle are not allowed to be better placed are the equivalent employees of the federal government. Prior to the conclusion of collective agreements which, by way of derogation from the first sentence, the employees of Deutsche Welle would be better than comparable employees of the Federal Government, the agreement with the Federal Government is to be reached. (5) The provisions § § 51 to 68 of the Tax Code are to be applied mutas to the tax-privileged purposes. Unofficial table of contents

Section 47 meaning and effect of the economic plan

(1) The economic plan of Deutsche Welle (economic plan) serves to identify and meet the financial needs that are likely to be necessary to fulfil Deutsche Welle's tasks in the respective financial year. The economic plan is the binding basis for budgetary and economic management. (2) The economic plan neither justifies any claims or liabilities nor does it uncover them. Unofficial table of contents

Section 48 Establiment of the economic plan

(1) For each marketing year, Deutsche Welle shall draw up an economic plan in accordance with the principles of economy and economy. The marketing year shall be the calendar year. (2) The economic plan shall contain:

1.

a plan of success in which the income and expenses expected in the marketing year are to be presented in the manner of a profit and loss account,

2.

an investment plan constituting the planned measures to increase the capacity of the plant and the orbiting assets;

3.

a financial plan which lists the own funds, the expected financial resources and the expenditure on investment;

4.

a transfer invoice for revenue and expenditure in accordance with the federal government's budget classification,

5.

a establishment plan;

6.

Management principles.

(3) The transfer account referred to in paragraph 2 no. 4 shall be in balance in revenue and expenditure. (4) The financial regulation of Deutsche Welle may provide for the inclusion of further information in the economic plan. (5) Deutsche Welle is leading the overhead bill, the establishment plan and the management principles referred to in paragraph 2 (4) (4) to (6) in good time before the start of the budgetary negotiations of the Federal Government and the Federal Court of Auditors. Unofficial table of contents

§ 49 (omitted)

- Unofficial table of contents

§ 50 Cover capacity of expenditure

(1) Approaches can be explained in the economic plan or in the financial regulations of Deutsche Welle in accordance with the following paragraphs. (2) The approaches to the success plan (§ 48 para. 2 no. 1) for personnel expenses, program expenses, Operating expenses and investments can be declared mutually congrued in each case as far as they are in terms of payment-effective transactions. The same applies to staff expenditure, administrative expenditure and the investments of the overhead bill (§ 48 para. 2 no. 3). (3) The approaches to the success plan (§ 48 para. 2 no. 1) for personnel expenses, program expenses, Operating expenses and investments can be exceeded by up to 30 per cent against savings, in so far as these are transactions that are in a state of payment. The same applies to staff expenditure, administrative expenditure, and the investments of the transfer bill (§ 48 para. 2 no. 3). Unofficial table of contents

§ 51 (omitted)

- Unofficial table of contents

Section 52 Preliminary economic management

Deutsche Welle shall decide on the economic plan in time for it to enter into force on 1 January of the following year. If, by the end of a marketing year, Deutsche Welle has not yet decided on the economic plan for the following year, Deutsche Welle may, by the time of the decision, afford all the expenses necessary to:

1.

to fulfil the statutory programme mandate to date,

2.

to comply with the legally justified obligations,

3.

To continue building, procurements and other services, provided that the economic plan for a previous year has already been granted amounts.

Unofficial table of contents

Section 53 Implementation of the economic plan

The economic plan shall be carried out in accordance with the principles of economy and economy. § § 55, 56 (1), § § 58, 59 of the Federal Budget Code are applicable. Unofficial table of contents

Section 54 On-and out-of-plan expenses, supplement to the economic plan

(1) expenses for which the estimates put out in the success plan (section 48 (2) no. 1) are not sufficient or for which there are no approaches (over and out of schedule), are only permissible if they are unforeseen and unwielable, and the coverage in the economic plan is guaranteed. The same shall apply to payments for which the estimates put forward in the transfer invoice are not sufficient or for which no approaches are available. Over-and non-scheduled expenses, which can have a significant impact on the grant needs of Deutsche Welle, require the approval of the Federal Government. (2) Expenditure on and off-schedule shall require the consent of the Management Board. In the event of an inexorable expenditure, the Artistic Director shall seek the approval of the Administrative Board without delay. (3) Deutsche Welle shall issue a supplement to the economic plan if:

1.

it is shown that, despite the use of any possibility of savings, the transfer account in accordance with section 48 (2) (3) of the Economic Plan cannot be compensated for, or

2.

Expenditure of more than 1 per cent of the total expenditure of Deutsche Welle must be paid over or out of schedule.

(4) The provisions of § § 47, 48 and 50 shall apply accordingly. Unofficial table of contents

Section 55 Annual financial statements

Deutsche Welle produces an annual financial statements for each marketing year. The annual accounts shall consist of:

1.

the balance sheet (balance sheet),

2.

the income statement (profit and loss account),

3.

the financial statement (cash flow statement),

4.

an invoice relating to the actual revenue and expenditure actually incurred in the preceding marketing year, in accordance with the nomenclature in accordance with section 48 (2) (4) and (4)

5.

the Annual Report to explain the operations of particular importance.

For this purpose, the rules applicable to large corporations within the meaning of Section 267 of the Commercial Code shall be applied accordingly, insofar as not from this Act, the Financial Regulations of Deutsche Welle or the particularities of the Germans. Wave as a broadcaster of the federal law other than that. Deutsche Welle shall immediately forward the established annual financial statements and the annual report to the Federal Government and the Federal Court of Auditors. Unofficial table of contents

§ 56 Examination

(1) The Federal Court of Auditors shall examine the budgetary and economic management of Deutsche Welle in accordance with Section 111 of the Federal Budget Code. § 44 (1) sentence 3 of the Federal Budget Regulations remains unaffected. (2) The Federal Court of Auditors and the Federal Government are informed by Deutsche Welle about all the events of Deutsche Welle that are important for the economic and financial situation. Documents which the Federal Court of Auditors deems necessary for the performance of his duties shall be made available to him by Deutsche Welle. (3) The Federal Court of Auditors shall communicate its examination results to the Director of the Federal Audit Office for the purpose of expressing within a (4) The Federal Court of Auditors shall be entitled to inform the German Bundestag, the Bundesrat and the Federal Government at any time on matters of particular importance. If he reports to the German Bundestag and the Bundesrat, he shall simultaneously inform the Federal Government. (5) Deutsche Welle shall examine the annual financial statements by an auditor. Section 53 (1) (1) and (2) of the Law on Budgetary Control of 19 August 1969 (BGBl). I p. 1273). If the results of the auditor differ from those of the Federal Audit Office, the findings of the Federal Audit Office shall apply. Unofficial table of contents

Section 57 Notices

The established economic plan and the annual financial statements of Deutsche Welle are immediately published in the Federal Gazette (Bundesanzeiger).

Subsection 2
Assets, participations, construction measures

Unofficial table of contents

§ 58 Assets

(1) The objects procured from the grant of the federal government pursuant to § 45 belong to the assets of Deutsche Welle. (2) Paragraph 1, first sentence, does not apply to land, buildings and other construction sites, insofar as these are free of charge to Deutsche Welle by the Federal Government. (3) In the event of a dissolution of the Deutsche Welle's entire assets are covered by the Federal Government, with the proviso that it is to be used exclusively and directly for charitable purposes. Unofficial table of contents

§ 59 participations

(1) Deutsche Welle may only take part in a company that has a commercial or other economic purpose, if:

1.

it serves to fulfil its legal duty,

2.

the coverage of the related expenditure is guaranteed;

3.

the Deutsche Welle's deposit obligation is limited to a certain amount; and

4.

provide for the statutory provisions applicable to the legal form of the company or the statutes of the company to provide for a supervisory board or a corresponding body.

(2) Deutsche Welle has a stake in participations

1.

to ensure the necessary influence on the management of the company, in particular an appropriate representation on the supervisory board, on its own or in conjunction with other public service broadcasters, and

2.

to oblige companies to communicate to it the main business transactions for the financial or programme issues.

(3) In the case of Deutsche Welle's shareholdings, the Federal Court of Auditors shall examine the budgetary and economic management, provided that Deutsche Welle has a majority of the shares directly or indirectly. If Deutsche Welle does not have the majority of the shares, the rights in accordance with § § 53 and 54 of the Budgetary Control Act are to be agreed in the shareholders ' agreement or in the statute. Unofficial table of contents

Section 60 Building measures

(1) Building maintenance measures, including cosmetic repairs as well as the necessary conversion measures to be taken into account for the purpose of broadcasting technical requirements, which are not subject to the structural substance, and which are owned by the German government and the Deutsche Welle The Deutsche Welle has its own responsibility for land, buildings and other buildings that have been abandoned free of charge. The Federal Property Office shall be involved in the construction work to be carried out annually in order to determine the necessary construction maintenance work. The Federal Administration of Construction and the Federal Property Office shall be informed of the conversion measures referred to in the first sentence of sentence 1. (2) Other restructuring measures other than those referred to in paragraph 1, as well as all new and extension buildings in the property of the Federal Government and the Federal Republic of Germany, shall be notified. Deutsche Welle's free-of-charge land, buildings and other construction facilities are carried out by the federal government as federal construction measures. (3) The guidelines apply to the construction maintenance measures as well as to the new, rebuilding and extension buildings. for the execution of federal tasks in the area of responsibility of the Financial management-RBBau-sensual.

Section 4
Supervision

Unofficial table of contents

Section 61 Exclusion of professional supervision

Deutsche Welle is not subject to any state supervision. Unofficial table of contents

Section 62 Legal supervision

(1) The Federal Government is responsible for the legal supervision of Deutsche Welle. (2) The Federal Government is entitled, within the framework of legal supervision, to a body of Deutsche Welle, which is specific to it in individual cases, by written notification of measures or measures. (3) If the illegality is not remedied in time, the Federal Government shall inform Deutsche Welle that those measures shall be at the expense of: to the Deutsche Welle, which sets them in detail. Before the Federal Government takes measures in accordance with paragraphs 2 and 3, it may, on a case-by-case basis, make a case for the respective competent organ of Deutsche Welle. the appropriate time limit for the performance of his duties.