Saxony-Anhalt: How realistic are the AfD's broadcasting plans?

On the evening of the election, AfD top candidate Siegmund reaffirmed his intention to terminate the state media treaty in the Tagesschau. What are the legal sticking points? From Alena Lagmöller, Frank Bräutigam "As the first official act", the AfD in Saxony-Anhalt would like to "terminate the state broadcasting agreements", abolish the broadcasting fee and introduce a so-called "basic radio". By the "state broadcasting agreements", the AfD means the state agreements with which the federal states have created public broadcasting, i.e. ARD, ZDF and Deutschlandradio.

In Saxony-Anhalt, the approval of the state parliament is required for the termination of state contracts. And most of the state treaties have a notice period of two years and can only be terminated at the end of the year. A termination at the end of 2026 would therefore take effect on 1.1.2029 with a two-year notice period. The federal states could bring an action against the dismissal before the Federal Administrative Court.

In particular, the MDR could file a constitutional complaint before the Federal Constitutional Court due to a possible violation of its broadcasting freedom. One thing is certain: Should the AfD effectively terminate the MDR State Treaty that Saxony-Anhalt has concluded with Saxony and Thuringia, the MDR would continue to exist as a "two-country institution" in Saxony and Thuringia. The AfD, on the other hand, would have to create a viable replacement for public service broadcasting. This is based on a guideline that the Federal Constitutional Court has repeated in many judgments on broadcasting freedom: public service broadcasting may be reformed and also streamlined, but it must continue to form a counterweight to advertising-financed private broadcasting.

Because of this "stock guarantee", it cannot simply be abolished within the dual system and must at least guarantee a "basic supply". However, "basic care" is not a "minimum care". The "basic radio" that the AfD is planning would also have to offer the citizens of Saxony-Anhalt information, education, culture and entertainment.

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