In Bavaria, the Bavarian Regulatory Authority for Commercial Broadcasting (BLM) monitors compliance with the provisions of the State Media Treaty and the Telemedia Act that apply to telemedia, with the exception of the provisions on compliance with data protection. This includes, among other things, the provision that Internet sites must have an imprint
Pursuant to Section 5 of the German Telemedia Act, service providers must keep the following information easily recognizable, directly accessible and permanently available for business telemedia that are generally offered for a fee:
the name and address at which they are established, in the case of legal entities additionally the legal form, the authorized representative and, if information is provided on the capital of the company, the share or nominal capital and, if not all contributions to be made in money have been paid in, the total amount of outstanding contributions,
information enabling rapid electronic contact and direct communication with them, including the address of the electronic mail,
insofar as the service is offered or provided within the scope of an activity requiring official authorization, details of the competent supervisory authority,
the commercial register, register of associations, register of partnerships or register of cooperatives in which they are registered and the corresponding register number,
insofar as the service is rendered in the exercise of a profession within the meaning of Article 1 letter d of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ EC No. L 19 p. 16) or within the meaning of Article 1 letter f of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of higher-education diplomas awarded on completion of professional education and training (OJ EC No. L 19 p. 16). June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ EC No. L 209 p. 25, 1995 No. L 17 p. 20), as last amended by Commission Directive 97/38/EC of 20 June 1997 (OJ EC No. L 184 p. 31), information about
a) the chamber to which the service providers belong
b) the legal professional title and the state in which the professional title was conferred
c) the name of the professional regulations and how they can be accessed,
in cases where they have a sales tax identification number pursuant to Section 27a of the Sales Tax Act or a business identification number pursuant to Section 139c of the Fiscal Code, the indication of this number,
in the case of stock corporations, partnerships limited by shares and limited liability companies in liquidation or winding up, the indication thereof,
in the case of audiovisual media service providers, the indication of
(a) the Member State in which they have their registered office or are deemed to have their registered office; and
(b) the competent regulatory and supervisory authorities.
Further information requirements under other legal provisions remain unaffected.
Distinction: Business and private websites
The operator of a website is not automatically exempt from the obligation to provide provider identification because the site can be accessed free of charge or services are provided free of charge on it. A website operator acts in a businesslike manner if its purpose is to attract customers, for example, if it merely advertises goods or services. Advertising-financed pages can also be business-like if the operator intends to generate income and the private purpose of the page is secondary to this.
Internet pages that do not fall under the provisions of Section 5 TMG may also be subject to a provider identification obligation pursuant to Section 18 of the Interstate Media Treaty (MStV).
According to § 18 MStV, providers of telemedia that do not serve exclusively personal or family purposes must keep the following information easily recognizable, directly accessible and permanently available:
- Name and address,
- in the case of legal entities: Name and address of the authorized representative.
Furthermore, Section 18 MStV stipulates that providers of telemedia with journalistic-editorial content must name and address a person responsible if the content of periodical print products is reproduced in full or in part in text or images on the website. If several responsible persons are named, the provider must indicate who is responsible for which part of the service offered.
Contact: Violation of the obligation to identify the provider
If you as a citizen notice that a website of a provider from the Free State of Bavaria has no or insufficient provider identification, please contact the provider or the Bavarian Regulatory Authority for Commercial Broadcasting (Bayerische Landeszentrale für neue Medien). This service is free of charge for you.