The starting point for the media law provisions distributed throughout the legal system is the Constitutional Law, containing those paragraphs concerning the freedom of expression: The freedoms of expression, information, broadcasting, the press and the arts are regulated in Article 5 of the Basic Law, and the secrecy of telecommunications in Article 10 of the Basic Law.

The literature and case law also see conflicts of media law in the constitution. This very often involves a collision of the general right of personality with the freedoms of communication from Article 5 Constitutional Law. Jurisprudence attempts to resolve this by means of so-called “practical concordance”. This means that a fundamental right that conflicts with a fundamental right of equal rank may only be restricted to the extent necessary to allow the other to develop. In this balancing process, the principle of proportionality must be upheld.

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