With the Third Interstate Broadcasting Treaty amendment (effective 1st January 1997) media concentration law in Germany was reorganized. Lawmakers created a non-state, independent body in the form of the Commission on Concentration in the Media (KEK), which verifies compliance with the provisions on ensuring plurality of opinion in nationwide television. It verifies whether an undertaking has attained a dominating influence on public opinion through the operation of channels it owns or through a change in the distribution of ownership or both.
The KEK operates in this capacity as an organ of the relevant State Media Authority responsible for the commercial channel operator. The decision of the KEK is binding for the relevant responsible State Media Authority. Up to September 2008 it could appeal to the Conference of the State Media Authorities (KDLM) if it wished to deviate from the decision of the KEK. The Conference of the State Media Authorities (KDLM) operated, in addition to the KEK, on a case by case basis, according to the provisions of the RStV on ensuring plurality of opinion. The KDLM met on appeal from one of the State Media Authorities, if its licensing organ wished to deviate from a decision of the KEK. A deviation from the determination of the KEK was only possible, if a ¾ majority of the legal members of the KDLM made a corresponding decision. The KDLM was composed of the respective legal representatives of the state media authorities.
With the Tenth Interstate Broadcasting Treaty Amendment, which went into effect on Sept. 1, 2008, the Conference of the State Media Authorities (KDLM) was abolished as the regulator of the Commission on Concentration in the Media (KEK). Since this time the former six-person experts’ committee has been expanded to include six directors of the State Media Authorities, who complement KEK consultations with the viewpoint of practice. In the case of a tied vote among the 12 KEK members, the chairperson has the deciding vote. The Interstate Broadcasting Treaty (RStV) stipulates that the chairperson must be one of the experts.
Above and beyond the verification of compliance of commercial broadcasters with the provisions in effect on ensuring plurality of opinion, the KEK also has the task of creating transparency regarding developments in the area of nationally broadcast commercial television. This involves, in addition to the compilation of a yearly channel list, in which all channels, their broadcasters and their shareholders are included, also the formulation of a report – at least every three years or on demand from the States – on the development of concentration and on measures to secure plurality of opinion in commercial broadcasting. Up to now three reports have been published:
First concentration report of the KEK: „Fortschreitende Medienkonzentration im Zeichen der Konvergenz“ (July 2000) (“Ongoing Media Concentration in the Age of Convergence”)
Second concentration report of the KEK: „Sicherung der Meinungsvielfalt in Zeiten des Umbruchs“ (December 2003) (“Ensuring Plurality of Opinion in Times of Major Change”)
Third concentration report of the KEK "Crossmediale Verflechtungen als Herausforderung für die Konzentrationskontrolle" (2007) "Cross-Media Relations: A Challenge for Media Concentration Control"
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