In a series of five leading decisions the German Federal Court of Justice (Bundesgerichtshof, BGH) has commented on the legitimacy of TV-shows advising the audience on legal issues.
Several telestations regulated by public or private law were sued for violating the German law on legal advice. This law determines who may give advice in legal questions. Usually permission from the authorities is needed, and is generally granted only to lawyers.
The respective TV-shows provided information regarding certain legal issues while the audience could call the show and ask legal questions which were answered in the show.
Nevertheless the BGH considered this kind of "legal advice" as consistent with the law. The judges found that the broadcasts gave only general information on topics of public interest.
Even if the questions asked were based on individual cases, the show did not give individual legal advice.
General information about legal problems and ways to avoid or resolve them would not violate the German law on legal advice. A possible effect on individual suits resulting from the pressure exerted by the public broadcast could not be counted as legal advice.
Only in one case did the court agree on the suit. A TV-station had offered legal advice by phone outside the show, which was held to constitute legal advice without the permission required by law.
For more information about BGH-decisions I ZR 316/98, I ZR 11/99, I ZR 14/98, I ZR 101/99, I ZR 214/99 please see: www.emr-sb.de, www.bgh.de and www.mmr.de
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