Media Law
As a specialized digital and IT law firm, TRÖBER@ legal is at your side for all questions of media law. We support you both in shaping and enforcing your own rights and in defending against claims made against you. Media law issues concern a wide range of areas, including press law, broadcasting law, data protection law, copyright law and new media law.
Do you have legal questions in connection with publications in the press or digital media?
As an influencer or commercial enterprise, would you like to ensure that your content is published in a legally compliant manner?
Do you place online advertising integrated into your own content and want to ensure legally compliant labeling?
Has your published content been objected to by one of the media authorities and are you threatened with regulatory measures or are you to be heard on such measures?
Our experts at TRÖBER@ legal will provide you with competent support on all these issues and help you to make optimum use of the legal framework and protect your interests.
How we work
Commercial law firm
As a commercial law firm, our aim is to offer you practical and economically sensible solutions. We attach great importance to providing you with preventive advice in order to avoid legal conflicts from the outset. However, should a dispute arise, we will represent your interests resolutely - both out of court and in court.
Advice
Our focus is on providing comprehensive advice in order to create the legal framework you need for your publications and other media activities. We always endeavor to prevent conflicts in advance by providing precise and forward-looking advice. Should a legal dispute nevertheless be necessary, we will stand by your side and work towards an economically viable solution.
Preventive advice in relation to media supervision
In the digital age, not only traditional players such as press companies and broadcasters, but increasingly also companies and influencers who publish content online have to deal with the legal requirements of media law. Legal frameworks include the Interstate Media Treaty (MStV), the Interstate Treaty on the Protection of Minors in the Media (JMStV) and the Digital Services Act (DDG). In Germany, media supervision is primarily carried out by the media authorities of the federal states, e.g. in NRW by the State Media Authority (LfM) NRW based in Düsseldorf.
Our specialists advise you on all aspects of media law, the publication of media content or advertising in connection with content as well as labeling, in particular the important creation of a legally compliant imprint. By designing your content in accordance with the legal framework, you can prevent possible intervention by the supervisory authorities from the outset and ensure your commercial success. Thanks to their personal experience of working with supervisory authorities in the past, our experts know exactly what is important and can provide you with the best possible advice tailored to your needs.
Advice on complaints and administrative measures by the media supervisory authority
If a regulatory complaint, a request for a statement or citation or even a formal administrative measure has already been issued in relation to media content published by you, it is necessary to act quickly. Failure to comply with the corresponding orders of the media supervisory authority may result in a substantial fine or penalty payment, or at least the payment of the corresponding administrative fees.
TRÖBER@ legal is at your side throughout the entire administrative procedure when dealing with the supervisory authorities. From the response to a hearing letter or the formulation of a statement with the aim of preventing a formal supervisory measure to the implementation of an official objection procedure following the adoption of such a measure, we always have your economic and personal interests in mind. If necessary, we will also represent your interests before the administrative courts.
Advice on advertising in online media
The placement of advertising and other related content (e.g. testimonials or product placements) in online media and other content produced by you, especially on social media such as YouTube or Instagram, is particularly relevant in the digitalized society. The legal framework in Germany provides for extensive rules for the placement of advertising in telemedia, primarily geared towards consumer protection.
Our experts at TRÖBER@ legal advise you on the legally compliant embedding of advertising in the media content you produce, whether you are a commercial enterprise or an influencer. For all labeling and disclosure obligations, the focus is on the most organic integration possible of the advertising you place, insofar as this is legally possible. Content that is too “artificially” recognizable as advertising can deter your audience - we know the scope and nuances permitted by law in detail and always have your economic interests in mind.
Our Expertise
Dealing with the media supervisory authorities
We support you in all communication and disputes with the media supervisory authorities - whether in the run-up to a feared administrative procedure, in response to a hearing form sent to you or a request for a statement and also in response to notices of objection issued against you.
Defense against warnings
In addition to complaints by the media supervisory authorities as public bodies, there has recently also been an increase in warnings regarding media content by private companies or privately organized consumer protection associations, regularly based on the Unfair Competition Act (UWG). We examine the prospects of success of your action against such warnings and take over the further communication with the warning parties in order to find a solution that is oriented towards your economic interests.
Influencer advertising contracts
Our experts draw up legally compliant contracts for you as a company, influencer or influencer management, which define the legal framework for a short or long-term cooperation and thus prevent future disputes in advance. Last but not least, the questions of the rights of use to the content generated by the influencer personality, the details of the intended advertising campaign and the important question of the distribution of liability are particularly relevant.
Protection of the personal rights of influencers
Influencers are in the public eye to a particular extent and regularly use their personality as a key asset in their activities. The unauthorized use of content, the unauthorized distribution of photos, videos or other violations of personal rights therefore often hit these people particularly hard. We consistently pursue your personal rights for you by preparing legally compliant warning letters and - if necessary - a court injunction, so that your personality remains protected as the cornerstone of your activity in the best possible way.