The core elements of the provisions of the Interstate Broadcasting Treaty, as regards safeguarding the diversity of opinions, include the monitoring of concentration and the positive securing of diversity. The objective is to ensure that the diversity of existing views is expressed to the widest and fullest extent.
The basis for this is the television audience share model. The audience share of television programmes is a key indicator in assessing whether a threat of an emerging dominant influence on the public opinion exists. The assessment includes all German-language television channels with nationwide distribution, as such also those of the public broadcasters. The details of the audience share model are regulated in §§ 60 to 68 and 120 MStV (Interstate Media Treaty).
Pursuant to § 62 Para. 1 sentence 1 MStV, all programming organised by a company is initially attributed to it. In addition, all the programmes of another broadcaster are attributable to a company if the company holds a direct share of at least 25% of the capital or voting rights. In addition to direct participation, the audience shares of companies in which the company participates indirectly are also to be attributed to a company. An indirect participation exists if the initial company and another company are in an affiliated company relationship pursuant to § 15 of the Aktiengesetz [Stock Corporation Act], and if the other company holds at least 25% of the capital or voting rights of an operator (§ 62 Para. 1 sentence 2 MStV). Conversely, the company is allocated the audience shares of those companies that participate in it within the meaning of § 62 Para. 1 sentence 1 and sentence 2 RStV (by argumentum e contrario § 62 Para. 1 sentence 3 and § 29 sentence 2 MStV).
Under § 62 Para. 1 MStV, pursuant to § 62 Para. 2 MStV, a participation is considered equal if a company can individually or together with third parties exercise a comparable influence over an organiser. A comparable influence shall also be deemed to exist if a company or a company that is already attributable to it for other reasons pursuant to Paragraph 1 or Paragraph 2 sentence 1
- regularly shapes a substantial part of a broadcaster's transmission time by providing programme segments; orif this (affiliated) company by virtue of contractual agreements, statutory provisions, or
- in any other way holds a position which renders making essential decisions of a broadcaster on programme design, programme purchasing, or programme production dependent on the company's consent.