Criticism of the diversity of programs and opinions of public broadcasters does not justify an exemption from the obligation to pay the broadcasting fee. This was declared by the Bavarian Administrative Court (BayVGH, AZ: 7 BV 22.2642). In this case, a plaintiff from the district of Rosenheim had previously challenged the obligation to pay the broadcasting fee on the basis of alleged "structural failure of public broadcasting". The Munich Administrative Court dismissed this action at first instance and allowed an appeal on the grounds of fundamental importance.
In the appeal, the BayVGH emphasized that, in accordance with the case law of the Federal Constitutional Court, the broadcasting fee is levied solely in return for the opportunity to receive broadcasting. The main objective of the contribution is to ensure independent, needs-based financing of public service broadcasting. Article 5 (1) sentence 2 of the Basic Law guarantees freedom of programming, which protects the institutional independence of broadcasters and protects them from external influence.
The court also made it clear that the pluralist supervisory bodies of the broadcasters are responsible for monitoring compliance with constitutional requirements. Accordingly, objections regarding program content do not influence the collection of the broadcasting contribution. Those affected have the opportunity to contact the designated bodies of the broadcasters. The plaintiff can lodge an appeal against the ruling with the Federal Administrative Court within one month.
Source: vgh.bayern.de/AZ: 7 BV 22.2642
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