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Germany – (E8) Level of self-regulation

Score in short:

Leading news media have self-regulation instruments in place but only use them occasionally.

Score in detail:

Self-regulation in leading German news media seems to be more informal than formal, although there are tendencies towards greater formality. The most formal provisions for self-regulation are in public service media, where they have a Declaration of Self-Commitment [Selbstverpflichtungserklärung] that lays down principles of journalistic action as well as programming policies. They also have compliance rules, internal rules for the right to reply, and a code of conduct, which refers to democratic values and contains journalistic obligations to report in a politically balanced way. There is also a formal system for hearing complaints about alleged violations of ethical standards with the complaints committees of the broadcasting council. The reactions to journalists who violate ethical standards are more informal, in the sense that self-criticism takes place in a dialogue:

Experience has shown me that […] this debate must be conducted again and again, almost on a weekly basis, at the latest on a monthly basis. […] I am convinced that at this point, a jointly developed conviction is more important than something that is written down and passed by a committee.

The leading print media refer either to the compliance rules of their company, have editorial statutes, or are about to develop a framework of norms as part of the aftermath of a fake news scandal. All journalists and editors-in-chief underline that they consider internal discussions in the newsrooms and the expansion of self-criticism an important tool of self-regulation within their organisational culture. The representatives of a conservative media outlet report the existence of guidelines which prescribe certain political positions. These include advocacy of the so-called social market economy, reconciliation with Israel, and friendship with the US. Explicit efforts to guarantee gender balance in news subjects are not found, although a certain sensitivity in this respect is obvious. The efforts made to guarantee gender balance in the news subjects stem from top-down decisions. Labour law sanctions were only imposed in the rarest and most serious cases of violations of existing norms, and censure is usually preferred.

Ombudspersons are not an established instrument of media self-regulation in Germany (Eberwein et al., 2019). Although some media claim that their department working with the letters to the editor have an ombuds function as well, these cannot be regarded as a functional equivalent. Only one regional paper, Main-Post in Würzburg, has a well-known ombudsperson [Leseranwalt] with a good reputation.

There is a legal right to reply laid down in the press laws of the Federal states. Usually, the news media modestly comply with this by giving the contestation only a little space. Additionally, as these replies are only implemented after a lengthy court case, they are not considered very effective in the reader’s view. However, quality media are eager to avoid the application of the right to reply.

An association for the promotion of media self-regulation (Verein zur Förderung der publizistischen Selbstkontrolle) tried to work over several years to improve self-regulation, but stopped its activities in 2020 due to a lack of interest and support from members.