Media Concentration Monitoring
Attribution according to § 28 RStV
Pursuant to § 28 Para. 1 sentence 1 RStV, 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 (§ 28 Para. 1 sentence 2 RStV). Conversely, the company is allocated the audience shares of those companies that participate in it within the meaning of § 28 Para. 1 sentence 1 and sentence 2 RStV (by argumentum e contrario § 28 Para. 1 sentence 3 and § 29 sentence 2 RStV).
Under § 28 Para. 1 RStV, pursuant to § 28 Para. 2 RStV, 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.