GERMAN PUBLIC BROADCASTING MODEL: CONSTITUTIONAL AND LEGAL ASPECT

Abstract

The communication rights enshrined in Part 1 of Article 5 of the Basic Law of the Federal Republic of Germany — freedom of expression, freedom of informa-tion, press, broadcasting, and cinema (Kommunikationsgrundrechte) are of constitu-tive importance for German democracy, since the process of forming of public opinion, which is important for the functioning of democratic institutions, depends on the level of their guarantee. At the same time, due to the special persuasiveness of the audiovi-sual form of information presentation, broadcasting is the most significant means of influence. Public service broadcasting (öffentlich- rechtlicher Rundfunk) is central to the German broadcasting system, while the role of private broadcasters is secondary. The decisive importance of public broadcasting in shaping the political opinion of Ger-man citizens presupposes the existence of sufficient and effective constitutional and legal guarantees that exclude the instrumentalization of this institution by the state, industry, and other influential public groups. The article, taking into account the historical con-text and using examples from the legislation and practice of the Federal Constitutional Court of Germany, analyzes these guarantees, and also describes the basic constitutional and legal principles of the functioning of the broadcasting system in Germany. As a conclusion, a set of the basic essential characteristics of the German model of public broadcasting is fixed, which might be used for further critical consideration of this institution.