MEMBER PRESS RELEASE

ZDF lodges constitutional complaint

19th November 2024
Director Himmler: ‘The independence of our reporting stands and falls with the independence of our financing’
ZDF building with banners.
ZDF building. Credit: ZDF.

This press release was originally published in German by ZDF. 

After the federal states failed to implement the KEF’s contribution recommendation, ZDF filed a complaint with the Federal Constitutional Court in Karlsruhe on Tuesday, 19 November 2024.

ZDF Director General Dr Norbert Himmler: ‘The independence of our reporting stands and falls with the independence of our funding. A look at the trouble spots around the world and the growing uncertainty in Germany once again shows how valuable public service broadcasting is as a guarantor of reliable information for society. The constitution stipulates that it must be adequately funded for this purpose. As the federal states are not implementing the KEF’s contribution recommendation, we have no other option but to lodge another appeal in Karlsruhe.’

Read more: Germany’s public media sector set for significant reforms

At the last Conference of Minister Presidents at the end of October, no decision was taken on the KEF recommendation. This means that there is no longer any possibility of raising the broadcasting fee on time as of 1 January 2025. There is no official justification for not implementing the recommended contribution

Measured in terms of purchasing power, the broadcasting fee has fallen over the past 20 years. The increase of 58 cents per month from 1 January 2025 (from 18.36 to 18.94 euros) recommended by the KEF in February corresponds to an increase of just 0.8 percent per year and is therefore well below the rate of inflation.

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The KEF had already significantly reduced the uncovered financial requirements reported by the broadcasters. At the same time, however, the KEF also states in its report that falling below its recommended contribution level would jeopardise the funding required to fulfil the current mandate. Existing reserves have already been taken into account by the KEF in its recommended contribution.

The procedure for setting the fee for public service broadcasting is designed to be non-governmental. Media policy objectives must not play a role in determining the broadcasting fee. This is to be ensured through the professional and independent control of requirements by the KEF. In this way, the mandate can be fulfilled independently of political influence and economic dependencies. The procedure for determining the broadcasting fee is multi-stage: First, the public broadcasters register the financial requirements that they consider necessary to fulfil their mandate. This is then examined by the Commission for the Determination of Financial Requirements (KEF). The KEF is an independent body consisting of 16 experts. Once the review has been completed, the KEF makes its recommendation to the federal states. Then, it is the Länder’s turn: the final broadcasting fee is determined by a state treaty to be signed by the governments of the 16 federal states, which must then also be approved by all 16 parliaments. After the KEF presented its recommendation on the level of the broadcasting fee in February, it would have been up to the federal states to initiate this final stage. There was also no resolution on this at the last Minister Presidents’ Conference in October. It is therefore no longer possible to adjust the broadcasting fee from January 2025.