Public Value Content Selected – (How) Will It Be Privileged?

The German media authorities ("LMA") have completed the determination of the public value ("PV") offers in broadcasting and telemedia services in accordance with the newly introduced Sec. 84 of the Interstate Media Treaty (Medienstaatsvertrag or MStV). Eligible video and audio providers will be listed in a specific order and must be easy to find on user interfaces of platforms and smart TVs. What that exactly means and whether the selected offers must be privileged over others is all but clear.

Background

Well-informed citizens and a diverse media landscape are essential for a functioning democracy. That is why the German media legislator seeks to ensure prominence of public value content. The LMA have now identified such offers in a public tender process and will soon publish a list ranking all relevant offers in a specific order. Providers of platforms and user interfaces are uncertain how to deal with the listed content in order to be compliant with the new