Draft Digital Media State Treaty could enable blanket monitoring of online content

According to a draft law obtained by one outlet, the Digital Media State Treaty would create a statutory basis for regional media authorities to monitor online content like podcasts and video streams on platforms such as YouTube, X and Instagram. The bill requires platforms to supply technical interfaces that let regulators harvest data and run automated analyses for potential violations of journalistic standards. While current regulations focus on illegal or youth-harmful material, the draft expands oversight to include any perceived breach of journalistic diligence, using paragraph 19 of the existing media treaty.

Authorities in Berlin and North Rhine-Westphalia have already invoked this paragraph against outlets they deem unfavourable, including one outlet's report on refugee health care and a podcast interview with AfD politician Björn Höcke. The draft also amends paragraph 109 to remove the reference to “legal violations,” suggesting that preventive measures could be taken without a prior finding of wrongdoing. If a breach is identified, the law foresees actions ranging from warnings to removal or revocation of the content.