AW: Down Under: Nachhilfe für Seehofer und andere
As far as I got it right the UK regulator is also very scared of the legal problems that arise when publishing the names of companies and individuals. There is a legal basis for the publishing (UK Communication Act of 2003) but they also have to be aware of the "general protection" of the people and companies involved (their privacy protection, the right of a fair trial, defamation,...). So the publications are prepared by trained lawyers. The differences between the UK and Germany are the differences between UK law (Communication Act) and the German TKG. The "Communication Act" is ways more elaborated, ways more sophisticated and ways more adaptive even to new methodds of scamming. In UK practice we can see the same limitations we can see in many countries - first and foremost the trend to decriminalize fraud and robbery within the field of Premium Rate in general, but you could find other loopholes that had and have a disastrous outcome on consumer protection.
With its "Adjudications" that are published ICSTIS/PP+ gives the consumer (and the media!) a fine possibility to find companies that are more often involved than others as helpers of dodgy individuals and companies. With the new list the fact of repeated involvement will have severe consequences - at least this is what I hope.
But the German FNA does not only suffer from the deficient German laws: I cannot see a reason why the German FNA never tried to interpret the given laws more "aggressive". For example: In Germany the FNA has the right to define the rules for the allocation of Premium Rates Numbers, so the FNA could easily change the rules to better protect consumers. Not even a change in the laws would be necessary. It is a question of law but it is also a question of prioritising...
The outrage in UK against the regulator may be a difference that also plays an important role. If German media would question the FNA instead of parroting their press statements they could force the FNA to question its behaviour.
It was never discussed if there is the power to do so, was it???
There have been similar cases in the UK, but there have been consequences - that's the difference.
Yes. That's true. Where UK law is deficient, German law is desastrous 
