A legal professional is obligated to pay broadcasting fees for a professionally utilized personal computer equipped with internet access. This obligation is waived if the professional already maintains and pays fees for a conventional radio receiver for professional purposes (e.g., within their office or a company vehicle). This ruling was issued by the Higher Administrative Court of Rhineland-Palatinate in Koblenz.
The plaintiff, a legal practitioner, employs a PC with internet access within his firm, exclusively for legal database research and document preparation. However, this internet connection also enables the reception of live radio programs from the defendant Südwestrundfunk (SWR) and other public broadcasters. Consequently, the SWR levied broadcasting fees of €5.51 per month against the plaintiff. While the Administrative Court initially overturned these fee assessments, the Higher Administrative Court subsequently upheld the SWR's appeal and dismissed the lawyer's claim.
A PC with internet access is classified as a novel broadcasting reception device, for which the Interstate Treaty on Broadcasting Fees mandates the payment of broadcasting fees. The Court determined that the plaintiff maintains the computer in a state ready for reception, and actual use as a radio is not a prerequisite for this obligation. Furthermore, the fee requirement for internet-connected PCs does not unduly restrict access to information sources otherwise freely available online, and thus does not infringe upon the constitutionally protected freedom of information. This levy is intended to ensure the financial stability of public broadcasting. Without it, individuals could access broadcasts without incurring fees. Therefore, the fee obligation serves to prevent the "evasion of broadcasting fees" by utilizing PCs for broadcast reception instead of traditional radio devices.
The Higher Administrative Court permitted an appeal to the Federal Administrative Court in Leipzig, recognizing the fundamental importance of the question concerning the obligation to pay broadcasting fees for professionally utilized PCs with internet access.
Judgment of the Higher Administrative Court Koblenz of March 12, 2009, File number: 7 A 10959/08.OVG
Source: Press Release of the Higher Administrative Court Koblenz of March 26, 2009
Goldberg Attorneys at Law – Attorney Michael Ullrich, LL.M. (Information Law)
Specialist Lawyer for Information Technology Law (IT Law)
Email: info@goldberg.de
