Zur Aufhebung des Verbots regionaler Werbung für bundeweit sendende Fernsehsender

Broadcasting companies with nationwide coverage are prohibited from distributing “non-nationwide broadcast advertising” under the Media State Treaty (§ 7, paragraph 11 MStV). Although the so-called ban on regional advertising was declared in violation of European law by the European Court of Justice (C-555/19, 03.02.2021), German courts remain divided on whether the ban should still be applied. Additionally, no adjustments have been made to national law so far. This article discusses the potential impacts of abolishing the ban. It concludes that lifting the ban would increase efficiencies and intensify competition. It is also unlikely that the diversity of broadcasters would be reduced by significant market exits of local television stations. Rather, nationwide broadcasting programs as well as local and regional radio stations are increasingly under pressure from the local advertising of public broadcasters. We therefore advocate for both the repeal of the ban on regional advertising and also for a ban on advertising in public broadcasting programs.