In the future, people who watch or listen to ORF programs exclusively on the Internet will also have to pay program fees. The Constitutional Court (VfGH) recently decided that it is contrary to the constitution that this user group does not have to pay anything at the moment. At the request of the ORF, the VfGH has therefore withdrawn some provisions of the ORF Act as unconstitutional. The legislator now has until the end of 2023 for a new regulation.
According to the Broadcasting Fees Act, consumers who do not have a radio or TV set currently do not have to pay broadcasting costs, nor do they have to pay program costs under the ORF Act. However, according to the Constitutional Court, this link is unconstitutional. Finally, financing through program fees has an aspect that guarantees the independence of the public broadcaster. It is therefore essential that everyone who participates in the public debate via radio is included in the statutory funding of the ORF.
“If the legislator, in the exercise of its responsibility for financing the ORF, bases itself on a program fee for financing, then, in view of the requirements of BVG Broadcasting, it may not exempt user behavior that is essential for the broadcasting scheme as a whole from this financing obligation. said the Constitutional Court.
The number of people streaming is growing
In the corresponding application, the ORF had argued that the current regulation violates his right to freedom of broadcasting and equality before the law. Ultimately, the number of people who stream ORF content exclusively and therefore do not pay a fee will grow. This so-called “streaming gap” is also a concern for the ORF, as fee revenues account for about two-thirds of the approximately $1 billion in ORF sales. ORF Director General Roland Weißmann set up a task force a few months ago to look for reasons for deregistrations from GIS and determine how to increase the number of paying persons.
Already in 2015, the Administrative Court (VwGH) ruled that internet streaming does not qualify as broadcasting, which means that computers with an internet connection are not allowed to pay broadcasting costs. At the time, it was said that the legislature did not want to include electronic performances over the Internet in the constitutional definition of broadcasting.
Households that require a GIS currently pay a program fee of EUR 18.59 per month. In addition to this amount, there are federal and state taxes and levies, as well as a sales tax payable, with the state tax varying. The total ORF fees are therefore between 22.45 euros and 28.65 euros.
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
