Die Überprüfung des Dreistufentests durch Rechtsaufsicht und Gerichte

Die Arbeit behandelt Fragen des Dreistufentests, der mit dem Inkrafttreten des 12. Rundfunkänderungsstaatsvertrages am 1.6.2009 Eingang in das deutsche Rundfunkrecht gefunden hat. Voraus ging eine Auseinandersetzung der Bundesrepublik Deutschland mit der Europäischen Kommission im Rahmen von Beschwerden über die Zulässigkeit der deutschen Rundfunkfinanzierung. Das Verfahren endete mit Auflagen, die durch den deutschen Rundfunkgesetzgeber umgesetzt wurden, nicht zuletzt, um den Vorgaben des europäischen Beihilfenrechts zu entsprechen. Anders als zu dem Verfahren des Dreistufentests zuvor erschienenen Monografien setzt die vorliegende Arbeit an dessen Abschluss an und stellt die Frage, wie eine den Dreistufentest beendende Entscheidung überprüft werden kann, inwieweit und für wen sie justiziabel ist. rnrnDer Autor untersucht zunächst die Überprüfung des Dreistufentests durch die für die Rechtsaufsicht zuständige Stelle, die der Rundfunkstaatsvertrag vorsieht, um den europarechtlich geforderten staatlichen Betrauungsakt zu garantieren. Eingehend behandelt werden Fragen zur Verfassungsmäßigkeit einer obligatorischen rechtsaufsichtlichen Prüfung programmbezogener Thematiken unter den Gesichtspunkten der Staatsferne und Subsidiarität. Der Autor kommt zu dem Ergebnis, dass die Prüfung der für die Rechtsaufsicht zuständigen Stelle keine Aufsicht im eigentlichen Sinne darstellt, sondern eine Aufgabe sui generis und dass aufgrund einer durch Beurteilungsspielräume und Defizite in den Handlungsmitteln doppelt beschränkten Prüfungskompetenz der für die Rechtsaufsicht zuständigen Stelle den verfassungsmäßigen Vorgaben genügt wird. Die für die Rechtsaufsicht zuständige Stelle entscheidet durch einen Verwaltungsakt.rnrnSodann werden die Möglichkeiten eines verwaltungsgerichtlichen Vorgehens in verschiedenen theoretischen prozessualen Situationen untersucht. Im Ergebnis stellt sich eine Verpflichtungsklage einer Rundfunkanstalt gegen die Ablehnung der Bestätigung eines Dreistufentestergebnisses als zulässig und begründbar heraus. Gleiches gilt für eine Konkurrenten-Anfechtungsklage gegen die Bestätigung eines Dreistufentestergebnisses. In beiden Fällen ist für eine gute Erfolgsaussicht ein hohes Maß an argumentativer Kraft erforderlich. Untersucht werden schließlich Organstreitverfahren innerhalb einer Rundfunkanstalt. rnrnEin gerichtliches Vorgehen gegen den Dreistufentest auf der Basis des Wettbewerbsrechts vor ordentlichen Gerichten ist möglich. Exemplarisch wird der aktuelle Rechtsstreit um die Tagesschau-App behandelt, der auf § 4 Nr. 11 UWG basiert. Der gerichtlich überprüfbare Vorwurf wird in der konkreten Ausgestaltung eines Telemedienangebots in dem Verstoß einer Regelung des Rundfunkstaatsvertrages erhoben, etwa als nicht sendungsbezogen oder presseähnlich. Ergebnis der eingehenden Bewertung dieses Falles ist die Feststellung, dass nicht der Dreistufentest selbst Gegenstand einer Überprüfung ist, sondern die praktische Umsetzung seines Ergebnisses. Diskutiert werden insbesondere die Fragestellungen, inwieweit eine zumal bestandskräftige behördliche Entscheidung überhaupt durch ordentliche Gerichte zu überprüfen ist und ob ein solches behördliches Handeln als unlauter bewertet werden kann. rnrnSchließlich stellen sich die Erfolgsaussichten gerichtlicher Maßnahmen auf der Ebene der europäischen Gerichtsbarkeit im Ergebnis als gering heraus.rn

Is there an App for that? : social media uses for road safety

The use of social media has increased dramatically in recent years in the areas of public health and injury prevention, with many organisations creating online and social media content. Despite the adoption of such media by modern society, research relating to the design and evaluation of social media for the promotion of health issues is very much in its infancy. A timely review of the available evidence in relation to the use of social media campaigns from both the road safety and broader public health context will be undertaken. In particular, this paper will address the questions of what social media should be developed, how it should be evaluated, as well as what should be the key measures of success and to what extent do these measures relate to practically significant outcomes, such as behaviour change. Much like more traditional media campaigns, social media may be best regarded as another approach within the array of potential approaches that a health advertising researcher or practitioner may utilise. With younger demographics becoming less likely to engage with more traditional advertising mediums relative to their preference for social media, social media‟s most important role in the road safety advertising context may be to offer the means of delivering road safety messages to high risk, younger road users.

The Smartphone App Economy and App Ecosystems

This chapter gives an overview of the smartphone app economy and its various constituent ecosystems. It examines the role of the app store model and the proliferation of mobile apps in the shift from value chains controlled by network operators and handset manufacturers, to value networks – or ecosystems – focused around operating systems and apps. It outlines some of the benefits and disadvantages for developers of the app store model for remuneration and distribution. The chapter concludes with a discussion of recent research on the size and employment effects of the app economy.

Is there an app for that? A case study of the potentials and limitations of the participator turn and networked publics for classical music audience engagement

The participatory turn, fuelled by discourses and rhetoric regarding social media, and in the aftermath of the dot.com crash of the early 2000s, enrols to some extent an idea of being able to deploy networks to achieve institutional aims. The arts and cultural sector in the UK, in the face of funding cuts, has been keen to engage with such ideas in order to demonstrate value for money; by improving the efficiency of their operations, improving their respective audience experience and ultimately increasing audience size and engagement. Drawing on a case study compiled via a collaborative research project with a UK-based symphony orchestra (UKSO) we interrogate the potentials of social media engagement for audience development work through participatory media and networked publics. We argue that the literature related to mobile phones and applications (‘apps’) has focused primarily on marketing for engagement where institutional contexts are concerned. In contrast, our analysis elucidates the broader potentials and limitations of social-media-enabled apps for audience development and engagement beyond a marketing paradigm. In the case of UKSO, it appears that the technologically deterministic discourses often associated with institutional enrolment of participatory media and networked publics may not necessarily apply due to classical music culture. More generally, this work raises the contradictory nature of networked publics and argues for increased critical engagement with the concept.

Development of Mobile Web App "ESP" for DeepBlue to interrogate how an audience is thinking

DeepBlue is much more than just an orchestra. Their innovative approach to audience engagement led it to develop ESP, their Electronic Show Programme web app which allows for real-time (synchronous) and delayed (asynchronous) audience interaction, customer feedback and research. The show itself is driven invisibly by a music technology operating system (currently QUT's Yodel) that allows them to adapt to a wide range of performance venues and varied types of presentation. DeepBlue's community engagement program has enabled over 5,500 young musicians and community choristers to participate in professional productions, it is also a cornerstone of DeepBlue's successful business model. You can view the ESP mobile web app at m.deepblue.net.au if you view this and only the landing page is active, there is not a show taking place or imminent. ESP prototype has already been used for 18 months. Imagine knowing what your audience really thinks – in real time so you can track their feelings and thoughts through the show. This tool has been developed and used by the performing group DeepBlue since late 2012 in Australia and Asia (even translated into Vietnamese). It has mostly superseded DeepBlue's SMS realtime communication during a show. It enables an event presenter or performance group to take the pulse of an audience through a series of targeted questions that can be anonymous or attributed. This will help build better, long-lasting, and more meaningful relationships with groups and individuals in the community. This can take place on a tablet, mobile phone or future platforms. There are three organisations trialling it so far.

Ray’s night out : A new iPhone app for addressing alcohol misuse in young people

Up to 30% of young people drink at risky levels at least weekly. Yet, many do not view their alcohol use as problematic and focus only on its enjoyment and socialization benefits. Innovative, youth-friendly and highly accessible ways of delivering preventative health messages are required. This paper describes the design, development and prototype testing of ‘Ray’s Night Out’ a new iPhone application for promoting harm minimisation and controlled drinking strategies in young people. Two participatory design workshops were conducted with 5 young people to explore how technology could be used to enhance a good night out drinking. Four existing iPhone alcohol apps were reviewed. Five young people conducted initial prototype testing to refine app content and interface design. Final prototype testing was conducted with 10 young people. Prototype testing indicated young people had a very positive response to the Ray animated character and rated the app highly on aesthetics, engagement, content, functionality, usefulness and youth relevance. The Ray app provides a youth friendly approach to addressing alcohol misuse in young people. The impact of the Ray app on young people’s alcohol use knowledge, attitudes and behaviours is currently being evaluated.

The design and development of music eScape: A new iPhone mood management music App

The physical, emotional, educational and social developmental challenges of adolescence can be associated with high levels of emotional vulnerability. Thus, the development of effective emotion-regulation strategies is crucial during this time period. Young people commonly use music to identify, express and regulate their emotions. Modern mobile technology provides an engaging, easily accessible means of assisting young people through music. A systematic contextual review identified 20 iPhone applications addressing emotions through music and two independent raters, using the Mobile App Rating Scale (MARS), evaluated the quality of the apps. Their characteristics, key features and overall quality will be presented. Three participatory design workshops (N=13, 6 males, 7 females; age 15-25) were conducted to explore young people’s use of music to enhance wellbeing. Young people were also asked to trial existing mood and music apps and to conceptualise their ultimate mood targeting music application. A thematic analysis of the participatory design workshops content identified the following music affect-regulation strategies: relationship building, modifying cognitions, modifying emotions, and immersing in emotions. The application of the key learnings from the mobile app review and participatory design workshops and the design and development of the music eScape app were presented and implications for future research was discussed.

Design guidelines for a mobile app for wellbeing of emerging adults

Mental health of young people may be improved through the use of mental health mobile applications,because young people engage with this technology freely. Mental health of young people is improved through the application of positive psychology, studies of which show that regular practice of one’s signature strength increases happiness and wellbeing, while decreasing depression. The issue is how to develop a mobile application intervention so that regular practice of one’s signature strength in novel ways occurs. This research project seeks to develop design guidelines discovered through the application of design thinking, actively working with emerging adults. In addition, this research is framed by the Design Science Research methodology to ensure that the resultant application is relevant and tested rigorously. This paper discusses the theory behind the application and discusses the research methods and research design, and will share the preliminary findings of the discovered design principles.

Mobile app rating scale: A new tool for assessing the quality of health mobile apps

Background The use of mobile apps for health and well being promotion has grown exponentially in recent years. Yet, there is currently no app-quality assessment tool beyond “star”-ratings. Objective The objective of this study was to develop a reliable, multidimensional measure for trialling, classifying, and rating the quality of mobile health apps. Methods A literature search was conducted to identify articles containing explicit Web or app quality rating criteria published between January 2000 and January 2013. Existing criteria for the assessment of app quality were categorized by an expert panel to develop the new Mobile App Rating Scale (MARS) subscales, items, descriptors, and anchors. There were sixty well being apps that were randomly selected using an iTunes search for MARS rating. There were ten that were used to pilot the rating procedure, and the remaining 50 provided data on interrater reliability. Results There were 372 explicit criteria for assessing Web or app quality that were extracted from 25 published papers, conference proceedings, and Internet resources. There were five broad categories of criteria that were identified including four objective quality scales: engagement, functionality, aesthetics, and information quality; and one subjective quality scale; which were refined into the 23-item MARS. The MARS demonstrated excellent internal consistency (alpha = .90) and interrater reliability intraclass correlation coefficient (ICC = .79). Conclusions The MARS is a simple, objective, and reliable tool for classifying and assessing the quality of mobile health apps. It can also be used to provide a checklist for the design and development of new high quality health apps.

DoGood : A gamified mobile app to promote civic engagement

The rise of the mobile Internet enables the creation of applications that provide new and easier ways for people to organise themselves, raise issues, take action and interact with their city. However, a lack of motivation or knowledge often prevents many citizens from regularly contributing to the common good. Therefore, this thesis presents DoGood, a smartphone app, that aims at motivating citizens to carry out civic activities. The thesis asks what kinds of activities citizens consider to be civic and to what extent gamification can motivate users in this context. The DoGood app uses gamified elements to encourage citizens to submit and promote their civic activities as well as to join the activities of others. Gamification is sometimes criticized for simply adding a limited number of game elements, such as leaderboards, on top of an existing experience. However, in the case of the DoGood app, the process of game design was an integral part of the development, and the gamified elements target the user’s intrinsic motivations instead of providing them with an external reward. DoGood was implemented as hybrid mobile app and deployed to citizens of Brisbane in a five weeks long user study. The app successfully motivated most of its users to do more civic activities and its gamified elements were well received. Based on the results of the user study, civic activities can be defined as activities that give citizens the opportunity to become involved and improve life in their local community.

Business process management as the 'killer app' for Petri nets

Since their inception in 1962, Petri nets have been used in a wide variety of application domains. Although Petri nets are graphical and easy to understand, they have formal semantics and allow for analysis techniques ranging from model checking and structural analysis to process mining and performance analysis. Over time Petri nets emerged as a solid foundation for Business Process Management (BPM) research. The BPM discipline develops methods, techniques, and tools to support the design, enactment, management, and analysis of operational business processes. Mainstream business process modeling notations and workflow management systems are using token-based semantics borrowed from Petri nets. Moreover, state-of-the-art BPM analysis techniques are using Petri nets as an internal representation. Users of BPM methods and tools are often not aware of this. This paper aims to unveil the seminal role of Petri nets in BPM.

Initial prototype testing of Ray's Night Out: A new mobile app targeting risky drinking in young people

Background Risky single occasion drinking (RSOD; 4 or more drinks in <6 h) more than doubles the risk of injury in young people (15 - 25 years). The potential role of smartphone apps in reducing RSOD in young people is yet to be explored. Objective: To describe the initial prototype testing of ‘Ray's Night Out’, a new iPhone app targeting RSOD in young people. Method Quantitative and qualitative methods were used to evaluate the quality, perceived utility, and acceptability of the app among nine young people (19e23 years). Results Participants reported Ray's Night Out had good to excellent levels of functionality and visual appeal, acceptable to good levels of entertainment, interest and information, and acceptable levels of customization and interactivity. Young people thought the app had high levels of youth appeal, would prompt users to think about their alcohol use limits, but was unlikely to motivate a change in alcohol use in its current form. Qualitative data provided several suggestions for improving the app. Conclusion Following revision, Ray's Night Out could provide an effective intervention for RSOD in non help-seeking young people. A randomized controlled trial is currently underway to test the final prototype of the app.

A mobile app offering distractions and tips to cope with cigarette craving: A qualitative study

Background Despite considerable effort, most smokers relapse within a few months after quitting due to cigarette craving. The widespread adoption of mobile phones presents new opportunities to provide support during attempts to quit. Objective To design and pilot a mobile app "DistractMe" to enable quitters to access and share distractions and tips to cope with cigarette cravings. Methods A qualitative study with 14 smokers who used DistractMe on their mobiles during the first weeks of their quit attempt. Based on interviews, diaries, and log data, we examined how the app supported quitting strategies. Results Three distinct techniques of coping when using DistractMe were identified: diversion, avoidance, and displacement. We further identified three forms of engagement with tips for coping: preparation, fortification, and confrontation. Overall, strategies to prevent cravings and their effects (avoidance, displacement, preparation, and fortification) were more common than immediate coping strategies (diversion and confrontation). Tips for coping were more commonly used than distractions to cope with cravings, because they helped to fortify the quit attempt and provided opportunities to connect with other users of the application. However, distractions were important to attract new users and to facilitate content sharing. Conclusions Based on the qualitative results, we recommend that mobile phone-based interventions focus on tips shared by peers and frequent content updates. Apps also require testing with larger groups of users to assess whether they can be self-sustaining.

Dressing up Tinderella: Interrogating authenticity claims on the mobile dating app Tinder

Mobile dating applications (‘apps’) have increased in popularity over recent years, with Tinder among the first to break into the mainstream heterosexual market. Since mobile dating intensifies the need to confirm that potential dates are not misrepresenting themselves and are safe to meet in person, Tinder’s success indicates that it has allayed these concerns regarding the authenticity of its users. This article combines Giddens’ conceptualization of authenticity, as the ability to reference a coherent biographical narrative, with Callon’s sociology of translation to investigate Tinder’s framing of authenticity within mobile dating. Applying a walkthrough method that interrogates Tinder’s technological architecture, promotional materials, and related media, this hybrid theoretical framework is used to identify how Tinder configures an actor-network that establishes its app as the solution to users’ concerns, enrols individuals in using its features in authenticity claims, and popularizes Tinder’s framing across public discourse. This network of human and non-human actors frames authenticity as being established through one’s Facebook profile and adherence to normative standards relating to age, gender, ethnicity, and socioeconomic status. However, user discourses on other social media identify and challenge negative outcomes of this framing, with normativity fostering discrimination and Facebook verification failing to prevent abusive behavior. This case study of Tinder paves the way for future investigation into user responses to its framing. Further, it demonstrates the efficacy and broader applicability of this theoretical approach for identifying both human and technological influences on the construction of authenticity with digital media.

Mobile Dating and Hookup App Culture

This chapter surveys the landscape of mobile dating and hookup apps—understood as media technologies, as businesses, and as sites of social practice. It situates the discussion within the broader contexts of technologically mediated dating and digital sexual cultures. By outlining a number of methodological approaches and data sources that can be used in the study of dating and hookup apps, it equips the reader with tools and approaches for investigating hookup app culture in ways that go beyond “media panics” – the familiar combination of moral panics and media effects which is so prevalent in discussions of sexuality in digital media.