Task of the Media

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The (mass) media as a whole (the press, radio and television, and their Internet presence) are referred to as the fourth power of a democratic constitutional state, as they are assigned three core social tasks:

  1. The function of informingthe public: Citizens can only have a say in political decisions if they have adequate information about what is to be decided: as complete, factual and understandable as possible.1
  2. The function of opinion-forming: The media should provide a forum for the free and open discussion of political content and questions of public interest and thus contribute to the formation of public opinion and will. Only through "[...] journalisms’ media-widespread media coverage [...] do [they] create the conditions for the social and cultural diversity of modern societies to be recognisable and manageable".1
  3. The function of criticism and control: The media can and should contribute to the governance of politics, economy and society by exposing and criticizing grievances. In this way, they ensure the democratic legitimacy of political processes. 2

In addition, one of the recognised tasks of the media is the function of entertainment and education.1

The legal framework of the media in Germany consists of the Basic Law, the State Press and Media Laws and the State Broadcasting Agreements (RStV) or, since November 2020, the State Media Treaty (MStV). Article 5 of the Basic Law "only" stipulates the freedom of the press: "Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed".3 However, the Federal Constitutional Court (BVerG) has, among other things, derived tasks and requirements for the formation of public opinion in a democracy, in the context of a ruling on public relations work by the Federal Government:

Responsible participation of the citizens in the formation of political will presupposes that the individual knows enough about the issues to be decided, about the decisions, measures and proposed solutions made by the constituted state organs, in order to be able to judge, approve or reject them." (BVerfG, judgement of 02.03.1977 - 2 BvE 1/76)

The Dual System: For broadcasting (including internet presence), as the media type with the greatest impact and reach, a state-sponsored public service offer is also made available in addition to the private providers, the so-called dual system. According to the Federal Constitutional Court, the "Exclusion of one-sided, highly imbalanced influence of individual organisers or programs on the formation of public opinion, namely the prevention of the emergence of dominant power of opinion" must be ensured. (BVerfG 73, 118, No. 159).

The Commitment

There are no legal guidelines or specific requirements that prescribe the type of content and the appearance of the media on offer. Media producers have to adhere to the Basic Law. In addition, ethical principles for journalistic work are institutionalised in most western democratic constitutional states, which are based on social tasks and the respective requirements of the constitution and human rights.4 In 1973 the German Press Council first recorded the generally recognised principles for journalistic work in the form of working and behavioural rules known as the "German Press Code" (DPK). Since then, the DPK has been regularly updated. Most media companies and publishers have officially committed to the principles of the DPK. The State Media Treaty, which came into force in November 2020, also stipulates that journalistic online media ("Telemedia with journalistic-editorial offers that regularly contain news or political information") must comply with recognised journalistic principles (Section 19 (1) MStV). Ethical principles for journalistic work are also laid down in codes or guidelines in the international English-speaking communication and media space: For example, the Code of Ethics of the International Press Federation (IPS) or the Code of Ethics of the Society of Professional Journalists (SPJ).

Sources:
1. bpb 2016a: https://www.bpb.de/gesellschaft/medien-und-sport/medienpolitik/189218/funktionen-der-medien-in-einer-demokratischen-gesellschaft-i-und-ii
2. bpb 2016b: https://www.bpb.de/gesellschaft/medien-und-sport/medienpolitik/172240/meinungsbildung-und-kontrolle-der-medien
3. bpb 2012: https://www.bpb.de/politik/grundfragen/deutsche-verhaeltnisse-eine-sozialkunde/139159/rechtliche-rahmenbedingungen
bpb 2011: https://www.bpb.de/izpb/7527/wer-journalisten-sind-und-wie-sie-arbeiten