Peter Georg Smits is the operator of a Twitch and YouTube channel called “PietSmiet TV“.
On this channel, he primarily focuses on playing video games and providing comprehensive commentary.
At the beginning of April 2017, he was asked by the North Rhine-Westphalian State Media Authority to apply for a broadcasting license.
However, PietSmiet did not comply with this request – instead, his channel on the Amazon subsidiary Twitch.tv has now gone offline.

PietSmiet TV is broadcasting and therefore requires a license

In mid-March, the Commission for Licensing and Supervision (Zak) of the State Media Authority was made aware of the Twitch and YouTube channel “PietSmiet TV” by a streaming user.
The channel shows filmed and live commentated computer game rounds on Twitch.tv within a continuous broadcast loop, i.e. 24/7.
In the opinion of the state media authorities, the Twitch channel therefore meets the criteria for broadcasting and is therefore subject to licensing.

A license is also required for YouTubers if their channel is a linear communication service aimed at the general public.
In addition, it must be based on a broadcasting schedule over which users – unlike video-on-demand services – have no influence.
The content must also be edited and reach more than 500 viewers at the same time.

State media authority could also take action against YouTube channels

All of these requirements were met by the second channel (“PietSmiet TV”) of PietSmiet UG (haftungsbeschränkt) & Co KG on Twitch.tv.
Officially, it is now the first live channel to go offline due to a violation.
But PietSmiet is not alone in this.
Eight other operators of YouTube live channels that deal with video games have also received mail from the licensing commission.

Broadcasting license means far-reaching restrictions for YouTube live channels

Applying for a broadcasting license has far-reaching consequences for the operators of the live channels (YouTube and Twitch.tv): Disclosure of turnover and shareholder agreements, certificates of good conduct, compliance with youth protection regulations.
So in practice: no more GTA 5 before midnight.

However, according to the state media authority’s own statement by press spokesman Peter Widlok, “the state media authority has not founded a new cavalry department. If we receive a tip-off, we will follow it up”. It is not the intention to curtail the freedoms of YouTubers and thereby take control of a booming part of the internet.
It is exclusively about implementing the applicable law.

Regulations in the Interstate Broadcasting Treaty are outdated

However, Widlok also believes that the provisions of the Interstate Broadcasting Treaty are outdated.
For TV formats on the internet – which also include Switch and YouTube channels – the qualified notification obligation should apply, as it does for web radio stations.
This means that YouTubers would only have to report their content to the state media authority and then fall under the guidelines for broadcasting.

This approach would make work easier for both parties.
The YouTuber would not have to apply for a costly broadcasting license and the state media authority would not have to initiate costly processes.

So far, however, the state media authority has only dealt with the “small fish” of the scene.
But YouTube is also planning a kind of web television on a grand scale.
Via “YouTube TV“, the Google subsidiary wants to compete with providers such as Netflix, Amazon Prime and Hulu and make around forty of its own formats available ad-free for a basic fee.
It remains to be seen to what extent the State Media Authority can and will take action against “YouTube TV” on the basis of the Interstate Broadcasting Treaty.