In addition to implementing the guidelines, the draft State Treaty serves to further develop media legislation in Germany and implements existing agreements between the federal government and the states. The German media legislator is thus reacting to fundamental changes in the media landscape, in particular to the increasing importance of certain services (gatekeepers) for finding and accessing media offerings. The aim of the State Treaty is the media-specific further development of a legal framework that preserves pluralism and promotes diversity.

Articles 1 and 2 of the ‘State Treaty on the modernisation of media legislation in Germany’ will replace the previous State Treaty on radio broadcasting with a State Media Treaty. In addition to adjustments to the previous structure of the State Treaty on radio broadcasting, the State Media Treaty contains requirements which are media-specific and which secure pluralism in the notified individual regulations for gatekeepers (e.g. search engines, smart TVs, voice assistants, app stores, social media). These services are accounted for as media platforms, user interfaces or media intermediaries. With regard to the requirements for free individual and public opinion formation, transparency requirements for political advertising and social media are also expanded or introduced. Telemedia particularly relevant to opinion (which regularly contains news or political information as content) are obliged to comply with journalistic standards.