Dhe broadcasting commission of the federal states decided at short notice to supplement the state media treaty due to the affairs, especially at Rundfunk Berlin-Brandenburg (RBB), but also at some other ARD stations. With the 4th Media Amendment State Treaty, the draft of which is to be decided at today’s meeting of those responsible for media policy in all federal states, an improvement in transparency, compliance and committee supervision and the avoidance of conflicts of interest are expected.
The countries do not want to wait any longer
The Broadcasting Commission had hoped that the broadcasters would draw their own conclusions and revise their rules of procedure. In addition, it was planned to anchor some of the regulations now planned in the state broadcasting agreements. On August 17, Heike Raab (SPD), State Secretary for Media in Rhineland-Palatinate and Chair of the Broadcasting Commission, told the FAZ: “Politics are not under pressure now.” own proposal, and the ARD directors only passed compliance standards on November 23. There are no voluntary commitments on any of the other points that are now to be laid down in state treaties, such as greater transparency with regard to income at management level. The about-face of the federal states is a sign of failure for the broadcasters: Politicians no longer trust that the ARD broadcasters in particular will get their massive problems under control themselves.
According to the draft available to the FAZ, the broadcasters are obliged to ensure the greatest possible transparency towards the public. The organizational structure, including the composition of the bodies and their committees, all statutes, all guidelines, rules of procedure and other information that is of essential importance for the respective broadcaster must be published on the Internet in the future. This also includes the remuneration of the directors and directors, plus expense allowances, attendance fees, other benefits in kind, remuneration for activities at subsidiaries and affiliated companies as well as benefits upon termination of the activity.
Compliance to recognized standards
In the future, the public-law institutions, including their joint institutions and associated companies, must ensure an “effective compliance management system according to recognized standards”. An independent compliance office or a compliance officer should be responsible for this. In addition, an ombudsperson who is qualified to hold judicial office is used as an external point of contact for confidential and anonymous information.
In order for the supervisory bodies of the broadcasters to be “in a position in terms of personnel and structure to comprehensively fulfill the tasks assigned to them”, the draft amendment now specifically stipulates that the administrative boards must have the necessary technical and specialist knowledge, the members of the control and supervisory bodies are regularly trained and the offices for the voluntary bodies are to be adequately equipped with human and material resources.
With the addition of Paragraph 31e, the Broadcasting Commission wants to rule out future conflicts of interest such as those at Rundfunk Berlin-Brandenburg. For this reason, the control tasks must not collide with the economic or private interests of the members. They are prohibited from playing an advisory and decisive role when the impartial fulfillment of their duties is in question. The draft of the 4th media change treaty is to be put up for public discussion again.
The pressure from the permanently upset countries is already making itself felt on the broadcasters, shortly before tougher rules are passed. They move – a little. The German press agency learned on Tuesday from the ARD on request that in the coming year the website ard.de wanted to present “regulations on pensions and the salary structure for non-tariff employees” in addition to information on remuneration. That would be a start.
