Public Service Media in Germany: the ‘Drei Stufen Test’ and its consequences

Public Service Media in Germany: the ‘Drei Stufen Test’ and its

consequences.

Dr. Roberto Suárez CandelMarie Curie Research Fellow

Exeter, July 1st, 2011Public Service Broadcasting in Europe in the Digital Age

The 3 Stufen Test and its consequences

PSB - DigitalRedefining and repositioning Public Service Broadcasting in the digital

and multiplatform scenario.Post-doctoral Research Project

funded by the Marie Curie Intra-European Action

www.psb-digital.eu

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Outline

1. Situation of Public Service Media in Germany

2. The ‘Three Steps Test’ (Dreistufentest)ORIGIN OF THE CONFLICTREACTIONS AND DIFFERENT APPROACHESAGREEMENT AND IMPLEMENTATIONRESULTS & FUTURE ISSUES


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1. Public Service in Germany


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• 2009, the public fee = 7.6 billions €

• ARD-Dritte, the regional (state) public channels were the most viewed channels in Germany, with 13.5% of the share.

• Das Erste and ZDF also had good results, with 12.7% and 12.5% respectively.



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• The public service thematic channels obtained more discrete viewing figures (between 0.7% and 1.4%), but they were also leaders in that market niche. • The public service offer is the leader of the

German market with an average aggregated daily audience share between 41.5% and 45.3% (2009).



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German PSB are innovative agents

• Leading and reference role during the DTT transition (2003-2008)

• Take part in the satellite analogue switch-off (April 2012)



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German PSB are innovative agents

• Multiplatform offer: Sat, Cab, DTT, IPTV, Hybrid Tv, Web Tv, Mobile devices.

• Online activities: Mediathek, podcast, rss, newsletters, social networking.

• HbbTV, High Definition



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2. The ‘Three Steps Test’ (Dreistufentest)

• 2002-2004: complaints in front of the European Commission against German Public Broadcasters: funding / activities

BDZV – Bundesverband der Deutscher Zeitungsverleger

VPRT – Verband Privater Rundkunk und Telekommunikation

ORIGIN OF THE CONFLICT


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• 2005-2006: EC carries out investigations

Competition

Regulation

Approach

German Constitutional Rulings

REACTIONS AND DIFFERENT APPROACHES


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• Better definition of Public Service Remit

• Ex –ante evaluation procedure

• April 2007: Beihilfekompromiss

• 2008: Regulation/Policy designDecember 12th RStV

AGREEMENT AND IMPLEMENTATION

RemitScope / Range3STNegative List


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• June 2009: 12th Interstate Broadcasting Treaty enters into force and incorporates the ‘Three Steps Test’

• June 2009 – August 2010: Test implementation complex & expensive


AGREEMENT AND IMPLEMENTATION


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Which are the 3 steps?



1. To what degree does the offer conform to the democratic, social and cultural needs of society?

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2. To what degree does the offer contribute to editorial competition in a qualitative manner?

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3. What financial expenditure is required for the implementation of the offer?



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1. Compliance with Public Service Remit

2. Editorial Competition (market impact)

3. Funding

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1. Compliance with Public Service Remit

• Definition of the Telemedienkonzept

TargetAim & FocusContentDuration


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2. Editorial Competition (market impact)

• Analysis of the quality and quantity of the existing free services.

• Impact on the existing offer.• Contribution to editorial competition

qualitative approach


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3. Funding

• Whether the cost is appropriate and comparable to market conditions


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A very complex implementation process:

• Definition of Public Service Remit for Telemedia

• Definition of evaluation criteria

• Broadcasting Councils needed training

• Extra budget and administrative task force


• Responsibility for implementation Broadcasting Councils


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• Each public broadcaster carried out several tests / total = 41

• Criticism concerning transparency

A very complex implementation process:



• External economic assessment conflict with commercial operators

• Participation of third parties

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• A stronger legitimation of the online services

• A better planification of Public Service expansion

All the evaluations tests had a POSITIVE result


RESULTS & FUTURE ISSUES

• An improved public accountability


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• The release of APPs without having passed the 3ST

• Competition complaints in front of district courts


RESULTS & FUTURE ISSUES

• PSB commercial services (VoD)

• Funding: sponsoring has been forbidden


Thank you!

Dr. Roberto Suárez CandelMarie Curie Research FellowHans-Bredow-InstitutHamburg - Germany

[email protected]


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Public Service Media in Germany: the ‘Drei Stufen Test’ and its consequences