German court denies QVC preferential TV placement

The Higher Administrative Court in Münster has ruled that the teleshopping channel QVC does not have a right to be included in the "Public Value" list, which mandates easier discoverability on smart TV and cable platforms. This decision marks a significant legal precedent in Germany regarding the placement of specialized channels.

The court determined that QVC's programming, primarily focused on sales, does not meet the legal requirement of significantly contributing to public value and media diversity. The 13th Senate of the court found that QVC only partially fulfills the criteria outlined in the Media State Treaty.

This ruling overturns QVC's claim for preferential placement. The court's decision follows similar rejections by the Administrative Court of Düsseldorf for two other providers. The Higher Administrative Court has granted leave for appeal to the Federal Administrative Court in Leipzig, acknowledging the fundamental importance of the issue.

QVC's lawyer, Raimund Schütz, criticized the court's perspective, describing the system as "closed" and suggesting that teleshopping providers have no chance of being listed. He argued that if this is the intention, the law should explicitly state it. The "Public Value" list is updated every three years, with the next revision scheduled for 2028.

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The providers of teleshopping have no chance of getting on the list.