The Federal Constitutional Court will publish its decision on a constitutional complaint filed by Rundfunk Berlin-Brandenburg (RBB) on Thursday (9:30 a.m.).

The public broadcaster is appealing in Karlsruhe against various provisions of the 2023 state treaty between the states of Brandenburg and Berlin. It believes the freedom of broadcasting guaranteed by the Basic Law has been violated. (Case No. 1 BvR 2578/24)

The background to the amendment was a crisis that RBB had plunged into in the summer of 2022 following allegations of nepotism and waste against the station's leadership. However, RBB argues that some provisions of the new regulation could neither be justified as a consequence of these events nor with the goal of a sustainable repositioning of the station.

Interference with freedom of broadcasting?

The broadcaster specifically complains that, according to the state treaty, it is obligated to separate the television programs for Berlin and Brandenburg by 60 minutes each day. According to RBB, the regulations regarding the management of the state programs and the specifications regarding the location and number of regional offices and regional studios are to be established also restrict broadcasting freedom.

In addition, there are constitutional concerns regarding the structure of the newly established board of directors, the RBB stated in a statement announcing the constitutional complaint in November. The same applies to the requirement to publicly advertise every vacant position, as well as to liability issues regarding the supervisory bodies and the director general.

Public broadcasting is financed through broadcasting fees paid by households and companies. Each public broadcasting company in Germany has its own interstate treaty, which regulates the framework for the broadcasting structure and control mechanisms.