The context of television

The German public broadcasting service has a number of specific characteristics which are worth recalling. The German broadcasting system is based on constitutional principles. Article 5 of the Constitution guarantees not only freedom of information and the press, but also of broadcasting. On this basis, the German Federal Constitutional Court determined in 1986 that public television is not the only form of television, but that private television also has a right to exist so long as it fulfils the obligation to diversify its programming relative to pre-existing provision.

As for the operational aspects, the technical side, such as frequency sharing and transmission standards are determined by the federal government. On the other hand, all legislation regarding the media, in particular with reference to the organisation and content of broadcast media, is governed by the Laender. As regards public television broadcasting, the legal bases for the activities of the public broadcasters (Landesrundfunkanstalten) are set by laws issued by the parliaments of the various Laender. If two or more Laender set up a common broadcaster, they must sign a specific agreement. Notwithstanding the diversity of the Laender and their complete autonomy regarding broadcasting, the laws and agreements governing the matter are quite similar across the board.

The Laender regulate not only the public broadcasters, but also the private companies. To this end, as indicated above, in the mid-Eighties a number of them created a new class of regulatory bodies, the Landesmedienanstalten, which issue licenses and regulates the activities of the private broadcasters in the various Laender. Since television broadcasting is regulated by each Land on its own account, and since private television tends to have a nation-wide coverage and character, the directors of the above-mentioned regulatory bodies are increasing their collaboration both to co-ordinate their activities and to share out the burden of assigning licenses to the plethora of private operators. In exchange for assigning the license and the use of transmission bands to the national private broadcasters, the Laender negotiate the tender for a number of local transmissions.

Public television is organised at three distinct levels. We have:

• the ZDF, a federal network controlled by a single company owned by the regional public companies;
• the national ARD, a federal network whose management and programming are decided by the regional public companies
• in each region there is also a public regional network (the third network) managed by each regional public company on its own account.

Audience ratings for national television broadcasters (1998)

Network	%
RTL	15,9
ARD (First public channel)	14,9
Sat 1	13
ZDF (Second public channel)	12,8
ARD (Third public regional channel)	11,2
ProSiben	9,6
RTL 2	4
Kabel 1	4
Vox	3,1
Super RTL	2,4

Since ZDF and ARD are distinct companies and ARD is the largest public broadcaster, we have decided to concentrate on it in our discussion of social programming.

Standards and activities regarding social programming

The activities of ARD which can be categorised as belonging to the ambit of social programming are not organised in an explicit, specific manner, but derive from the provisions of the institutional laws and service contract:

1. Each regional broadcaster directly responsible for programming on the regional and national channels of ARD is under the direction of the Broadcasting Counsel (Rundrunkrat), the Board of Management (Verwaltungstrat) and the President (Intendant).
   The president, who is nominated by the Broadcasting Counsel, is responsible for the management of the ARD and is directly concerned with major decisions regarding its internal organisation, purchasing and programming, while the Board of Management is mainly concerned with budgeting and organisation.
   The presence in ARD’s programming of themes which fall under the category of social programming, as we have said, is not pre-determined, but is guaranteed by the role and membership of the Broadcasting Counsel. This is the arena in which social pluralism is represented and guaranteed, and it is conceived to ensure that broadcast programmes reflect themes of social importance.
   The Counsel is composed of representatives and delegates from the so-called “significant social groups", including the political parties, unions and professional associations, the catholic and protestant churches, women’s, youth, ecology and sporting groups, and so on. The number of representatives of the “significant social groups" composing the Counsel vary, from Land to Land, from a minimum of 30 to a maximum of 58 members who are mandated for a period of 4 to 5 years, again depending on the land. Their role is to propose programmes, to guarantee balanced expression of opinions, to monitor the entire programming of the company and also to respond to complaints from the audience.

2. In the service contract, which defines the lines and obligations of the network alongside the canonical obligation to inform, educate and entertain within the limits of democracy and pluralism, there is an explicit obligation regarding the treatment of socially sensitive topics. The topics are not defined explicitly in the contract, but are determined on a case to case basis: they will include themes such as women, minors, disadvantaged social groups, health and disability. And it is on the basis of this obligation that the social representation bodies (see next point) are able to ensure that programming deals with socially significant themes.

3. Some aspects regarding balance in information and social topics and areas such as minors, health and solidarity are governed by specific provisions in the service contract (Rundfunkstaatsvertrag) both for ARD and ZDF.

The most important of these aspects are:

A. Vigilance to safeguard social and reporting balance.

To guarantee balance in social topics and reporting, the Service Contract provides for the institution of two supervisory bodies at the federal level: the Commission for Concentration in the Mass Media (KEK = Kommission zur Ermittlung der Konzentration im Medienbereich) and the Regional Broadcasters’ Directors’ Conference (KDLM = Konferenz der Direktoren der Landesmedienanstalt).

The KEK and KDLM are responsible for conclusively evaluating problems involving television broadcasting over the federal territory regarding balanced reporting.

B. Guiding principles of programming.

1. Broadcast programmes must respect human dignity and moral, religious and philosophical opinions. They must promote solidarity within unified Germany, favour communication and international understanding, and contribute to the creation of a community without discrimination.

2. General broadcasting channels [Rundfunkvollprogramme] must contribute to balanced presentation of opinions within the German-speaking and European cultural area with a sufficient amount of reporting, culture and education; this does not exempt them from the option to offer programmes aimed at a specific audience [Spartenprogramme = children’s, music, sport or pay TV channels].

C. Delegates for the protection of youth.

Each public (ARD, ZDF) and private broadcaster operating at the national level must have a delegate for the protection of youth. His task is to counsel the President or other programme managers in all matters regarding the protection of youth. In particular, the delegate must be adequately involved in question regarding programme purchasing, planning and production and, more generally, in programming policy. The delegates for the protection of youth meet regularly to confer.

D. Regulations regarding programming provision for third parties.

1. the evangelical churches, the catholic church and Jewish communities must be granted adequate time for the transmission of religious programmes at their request; the costs sustained by the broadcasters must be reimbursed by the beneficiary religious bodies.

2. The political parties must be given adequate programming time during Bundestag and European Parliament elections, on condition that their candidates are have been registered on at least one regional electoral list [Landesliste]. The parties in question must reimburse the costs sustained by the broadcasters.

The attention of television broadcasting to children

The presence in TV programmes of topics regarding children and the participation of children in TV programmes have become topics of great public interest over recent years. They have not only resulted in great attention but also a series of specific projects. The theme of childhood is probably the only topic of social programming which is specifically dealt with in the service contract and which is subject to systematic projects. It therefore needs special attention.

In this area ARD has for a while been especially attentive to the theme of children’s and young persons’ rights, above all since the Federal Republic ratified the UN Convention on the Rights of the Child in 1992. This has resulted, among other things, in a commitment to guarantee the rights of the child in all decisions regarding broadcasting and to consider children as independent persons, to guarantee them the elementary requirements of life, to protect them from violence, maltreatment and exploitation and to give them the right to participate in all decisions concerning them.

However, from subsequent reports published by the Commission for the actuation of the UN Convention in the Federal republic, a number of critical aspects have emerged. The Commission has reported a number of negative aspects, including the fact that children from the former East Germany do not have the same opportunities as children form the west, that they are inadequately defended, that foreign children are insufficiently protected against violence, that children awaiting the right of asylum are detained for days at airports without adequate medical assistance. The Commission has also reported that the right of the child to participation is not sufficiently implemented. Furthermore, it has been noted that the contents of the UN Convention are insufficiently known and, in particular, are not dealt with in the training of police, social workers or judges.

The attention to childhood and young persons, the offering of high quality and entertaining TV and radio programmes which deal with the relative themes are part, as mentioned above, of the service contract of German public television. But the climate created by the criticisms levelled by the UN Commission has encouraged ARD to invest larger resources in this specific field. This has led to the realisation of a series of projects, of which the most successful are children’s news programmes, such as "Klicker" in the "Lilipuz" programme broadcast on national ARD and the children’s news programmes broadcast by Hessen and Bavarian public TV. These programmes offer children the possibility to inform themselves, in a manner suitable for their age, on current affairs and topical themes, and to develop their own opinions, to understand that information is the basis of democracy and that the freedom of information is right which applies also to them.

At the present, time children’s programmes also regularly inform children about their rights, with programmes such as "Kinderrechte-Wahl" in Saxony, special programmes on the World Children’s Day or "Caravan for a better world for children", organised by the Deutsches Kinderhilfswerk.

The purpose of these projects is to implement the right of children to participate in broadcasting with an active role in their own programmes: for example, children are given the role of journalist, interviewer or moderator in children’s programmes.

At the same time, the aim is also to increase attention to children’s rights in adult programming: safeguarding children’s rights is not simply a theme of interest to children themselves, but is of general importance and interest to all television viewers.

A special research project on children and their presence in television programmes has analysed 834 TV programmes broadcast by ARD, ZDF, RTL and SAT 1 (the latter two are private TV channels) in 1997.

The results indicate that only 18% of cases actually showed children and adolescents in programmes aimed at them; only 11% of these programmes belonged to the culture and news categories.

ARD, in its examination of the causes of this lack of attention to children’s needs, came up with a number of explanations which point to more general failings. Many programmers and journalists are not yet aware of the need to confront these themes in a systematic manner, and the theme of children’s rights is not yet adequately dealt with in professional and on-going training of broadcast personnel. Very few programmers and journalists, furthermore, are aware of the contents of the UN Convention.

Some examples: children’s assemblies, the prize for the rights of the child, children’s radio day, and others

Within ARD itself, there are a number of well known models which clearly show how the public defence of children’s rights and the responsibility of a public broadcaster are very possible.

In the field of radio broadcasting, for many years there have been projects to involve children directly and actively. A good example is that of SR (Saarlandischer Rundfunk), the public radio broadcaster of the Saar, which regularly organises children’s assemblies (since 1986). These are public events organised in places familiar to children (schools, free time associations, etc.).

In these events, the children discuss themes which concern them with public figures: from environmental protection, the meaning of Europe for children, to the UN Convention. The assemblies, which involve at least 500 children at a time, take place four times a year and are broadcast not only during children’s scheduling but also during adult cultural programming.

Hessischer Rundfunk, the Hessian ARD, organises the annual Kinder-Radiotage [Children’s Radio Days], in which programmes (news and feature programmes) are designed and conducted entirely by children.

Together with Deutscher Kinderschutzbund [German Association for the Protection of Children] the NDR, the public TV authority which unites a number of northern Laender, including Hamburg, has organised the "NDR-Grundstein-Aktion”, an initiative aimed at fundraising for projects against poverty in childhood.

To improve the way in which childhood themes are treated, the WDR, the public broadcaster of the Rhine and North Westphalen, has decided to insert a specific module into its journalism training courses. During a day and a half long seminar, young journalism students are given basic information regarding the UN Convention, its meaning and implementation in modern journalism. In these seminars the problem of an adequate approach to children is also treated, including how to avoid using inappropriate language when working with them. From Autumn 1998, seminars of this type have been offered to all regional broadcasters at the ARD/ZDF Central Training Centre.

Fundraising

The principal fundraising activities of the ARD are organised by the ARD-Fernsehlotterie (ARD TV lottery).

Since 1989, the ARD-Fernsehlotterie has been running throughout the year and it’s principal activity is "Die Goldene 1" (The Golden Number One), which is broadcast every six weeks on Monday from 20.15 to 21.00 on the ARD’s first channel. In 1998, the lottery made its largest take ever: 114 million DM.

The funds raised by the lottery are managed by the Deutsches Hilfswerk (German Beneficial Organisation), which was founded in 1967 at Hamburg with the aim of using the funds raised by the lottery throughout the German regions, via social work institutions and agencies. These funds presently go to finance over 400 humanitarian aid projects in the health, youth and old age sectors.

There are various types of projects aimed at fundraising for aid missions. Alongside the lotteries and benefit events, which are mainly organised by the TV, there are radio or complex events which deal with a single theme for days or weeks.

ARD broadcasts a number of charity or benefit programmes aimed to raise solidarity towards disadvantaged individuals or groups. The programmes of this type broadcast in 1998 can be grouped into five distinct categories:

1. Regular programmes such as "Die Goldene 1" for the "Deutsche Hilfswerk".

2. Emergency fundraising events, in response to catastrophes such as the flooding of the Oder, Chernobyl, earthquakes, wars or plane crashes, but also in case of individual accidents such as the wounding of the French policeman Daniel Nivell by German hooligans.

3. Aid for the sick, for instance for AIDS, leukaemia, etc.

4. Social projects for disadvantaged persons, such as apprenticeships for the unemployed, work integration for disabled persons, children’s organisations.

5. Projects to safeguard cultural heritage, such as the restoration of the Dresden Frauenkirche, the Buchner-Haus or contributions to the protection of historical monuments in the new Laender.

In 1998 over 50 regional TV programmes were broadcast by ARD in these categories, and 8 nationally.

Some programmes are particularly famous on ARD’s national network, such as the "Josè Carreras Gala" organised by the Carreras Foundation to raise funds for leukaemia, or "Stars 98", the TV pop/rock gala concert designed to "bring the taboo subject of AIDS into the German living room”.

ARD’s largest effort in support of a single theme was in response to the flooding of the Oder in 1997. The benefit gala was organised under the patronage of Chancellor Helmut Kohl. Titled "Die Jahrhundertflut - Das Erste hilft" [The flood of the century - the First programme helps] on 3 August 1997 7.4 million viewers watched an event with a galaxy of stars, live features from the flooded areas, and eye witness accounts of the flood and the relief efforts.

Control: real offers for serious organisations

Public broadcasting managers do not have predetermined criteria for making programming space available. In cases of great topical interest, it is the directors of the broadcasters, each for his own network, who decide to air appeals for solidarity within their news programmes. Normally decisions regarding national channels are taken by the Conference for TV programming, which unites the directors of the regional broadcasting corporations. At the regional level, it is the individual directors who decide at their own discretion which projects to give space to. These decisions, while not being regulated a priori, must be as far as possible transparent and comprehensible in order to avoid charges of favouritism for one or another charity. In Germany there are over 20,000 organisations collecting funds for social purposes, among which are those which are considered serious and those, on the other hand, whose professionalism is questionable. ARD’s criteria for selecting agencies and projects are “the result of the caution that comes with experience".

The major problems encountered so far have been in the area of fundraising for charitable purposes. It happens that despite the sophisticated controls to which all fundraising events are subject, there is always some “donor” whose sole purpose is to be named during the broadcast, and who then fails to meet his commitments. It is often famous companies who are unable to resist the temptation of this form of free publicity.

Despite all systems of control, then, ARD’s experience teaches that normally 10-15% of all donations are announced and then not made.