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Politicians To Stop Circling Public Television…Maybe

Politicians love television, except when they hate it. Public television holds an important spot in that love-hate relationship. Politicians tend to expect a certain degree of obedience from publicly funded broadcasting. Dutifully compliant public broadcasters rarely suffer the indignity of policy review. Those setting a more independent course battle constantly over executive appointments and money.

circle of friendsThe influence of politicians and people “close to government” on decision making at public broadcasting organizations must be reduced, said the German Federal Constitutional Court in a decision this week. In the specific case, the administrative board of national public television network Zweite Deutsche Fernsehen (ZDF) and its television council may include no more than one-third political appointees. The Court gave the Federal States until the end of June 2015 to revise their charter with ZDF.

The Federal State of Rhineland-Palatinate and the City-State of Hamburg filed suit after the ZDF administrative board voted not to renew the contract of editor-in-chief Nikolaus Brender in 2009, effectively firing him, over objections of then DG Markus Schächter. Politicians have too much power over ZDF decision making, they claimed. The Court agreed, saying politicians can have “no decisive influence” over ZDF board membership.

The ZDF administrative board voted in early 2009 not to extend Herr Brender’s contract, set to expire in March 2010. Board chairman Kurt Beck – then Minister President of the Federal State of Rhineland-Palatinate – supported the contract renewal. Administrative board vice-chairman at the time Roland Koch – then Minister President of the Federal State of Hesse representing the Christian Democratic Union (CDU) - complained of low ratings though many believe he was following orders to punish Herr Brender and ZDF for being insufficiently subservient. There were seven votes favoring the renewal of Herr Brender’s contract, two fewer than necessary, and all of it conducted in secret.

The ZDF administrative board has 14 members, five representing German federal States and one the Federal government. The remaining eight are named by the television council, which has 77 members. A near majority of the television council – 35 members – are direct political appointees, the remaining represent unions and professional groups, many of whom are indirect political appointees. In general terms, the two main German political parties – right-wing CDU and center-left SPD – informally divide control of the ZDF television council.

The Constitutional Court’s decision giving ZDF a “high degree of distance from the State” will certainly migrate to ARD, the larger national television network, and perhaps to the nine regional public broadcasters. Status quo supporters view the rough parity of political influence over public broadcasting by the main political parties as inherently stabilizing.  ZDF was formed in 1966 as a foil to the very powerful ARD network.

“The decision strengthens the independence of ZDF,” said Director General Thomas Bullut in a statement. The Court “has stressed the importance of independent public service broadcasting. The Court has strengthened the authority of social groups.”

The decision “protects the independence of journalists, strengthens the freedom of ZDF and limits the inordinate and intolerable power of politics,” said Herr Brender, quoted by spiegel.de (March 25). “I would have wanted a bit more,” he added noting that political “circles of friends (freundeskreise)” remain “a dominant force.”  He currently hosts a talk show on privately-owned n-tv.


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