Judgment No. CCZ 9/2016 40
Const. Application No. CCZ 316/2012
abandoned the funding model of a licence fee based on ownership of television and radio sets did
so, not for the reason that the model of funding violated the fundamental right to freedom of
expression. Germany did so upon the realization that reliance on ownership of television and
radio sets limited the source of funding for the public broadcasters as people now used other
appliances to watch and record television programmes.
The other reason for abandoning the funding model based on ownership of
television and radio sets, was that the costs of enforcement of the law against evaders who had
increased in numbers, was too high. The law governing public broadcasting service in Germany,
now requires every household to pay a fixed licence fee annually, regardless of whether the
household owns an appliance capable of receiving broadcasting service or not.
The example of the funding method adopted by Germany shows that, whatever
model is adopted for funding public broadcasting service, it must ensure that the funding is
protected against arbitrary governmental interference. Institutional and editorial independence of
a public broadcaster such as the ZBC is not likely to be effectively guaranteed if government can
exert pressure on its programming through control of the financial resources. The example of the
model of funding adopted by Germany helps to show that public financial support is a sine qua
non of a public broadcasting service system.
There is a close link between the funding model adopted and the type of
broadcasting service to be supported. It is often argued that the mechanism of funding adopted
by the State is critical in determining the nature of a broadcasting institution with fears that
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