Youth Protection Act (JuSchG)
Youth Protection Act (JuSchG)
Youth Protection Act
Date of issue: July 23, 2002
Full quote:
"Youth Protection Act of 23 July 2002 (Federal Law Gazette I p. 2730), as last amended by Article 12 of the Act of 6 May 2024 (Federal Law Gazette 2024 I No. 149)"
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Status: |
Last amended by Art. 12 of the Act of 6 May 2024, Part I, No. 149 |
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The Act enters into force pursuant to Section 30 Paragraph 1 Sentence 1 on the day on which the State Treaty on the Protection of Human Dignity and the Protection of Minors in Broadcasting and Telemedia enters into force*. Entered into force pursuant to the announcement of April 1, 2003, Part I, p. 476, effective April 1, 2003. |
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Further details regarding the status can be found in the menu underNotes.
footnote
(+++ Text valid from: 1.4.2003 +++)
Introductory formula
The Bundestag, with the approval of the Bundesrat, has passed the following law:
§ 1 Definitions
(1) For the purposes of this Act
1.
Children are persons who are not yet 14 years old,
2.
Young people are individuals who are 14 but not yet 18 years old.
3.
A person with parental responsibility is someone who, alone or jointly with another person, is entitled to parental responsibility according to the provisions of the German Civil Code.
4.
A person entrusted with upbringing is any person over 18 years of age who, on a permanent or temporary basis, performs educational tasks on the basis of an agreement with the person with parental responsibility, or who supervises a child or young person within the framework of education or youth welfare.
(1a) For the purposes of this Act, media are physical media and digital services as well as separable content within a digital service in the sense of a unit of assessment.
(2) For the purposes of this Act, "carrier media" means media containing texts, images, or sounds on physical carriers that are suitable for distribution, intended for direct perception, or installed in a presentation or gaming device. The physical distribution, provision, offering, or making available of carrier media is equivalent to the electronic distribution, provision, offering, or making available of such media, unless it constitutes broadcasting within the meaning of Section 2 of the Interstate Broadcasting Treaty.
(3) Digital services within the meaning of this Act are digital services as defined in Section 1 paragraph 4 number 1 of the Digital Services Act.
(4) For the purposes of this Act, mail order means any transaction for consideration which is carried out by ordering and sending goods by post or electronic means without personal contact between supplier and customer or without technical or other precautions being taken to ensure that no shipment is made to children and young people.
(5) The provisions of Sections 2 to 14 of this Act shall not apply to married minors.
(6) For the purposes of this Act, service providers are service providers as defined in the Digital Services Act as amended from time to time.
§ 2 Duty to examine and provide evidence
(1) Where this Act requires accompaniment by a person authorized to provide care, the persons referred to in Section 1(1)(4) must demonstrate their authorization upon request. Organizers and business operators must verify this authorization in cases of doubt.
(2) Persons for whom age limits apply under this Act must provide suitable proof of their age upon request. Organizers and business operators must verify the age in cases of doubt.
§ 3 Publication of the regulations
(1) Organizers and businesses must make known the regulations applicable to their facilities and events pursuant to Sections 4 to 13, as well as, in the case of public film events, the age rating of films or the provider identification pursuant to Section 14 Paragraph 7, by means of a clearly visible and easily legible notice.
(2) For the purpose of announcing the age rating of films and video games, organizers and businesses may only use the markings specified in Section 14, paragraph 2. Anyone distributing a film for public film screenings is obligated to inform the organizer of the age rating or the provider identification as specified in Section 14, paragraph 7, when distributing the film. For films and video games that have been marked as age-inappropriate by the highest state authority or a voluntary self-regulatory organization in accordance with the procedure under Section 14, paragraph 6, as specified in Section 14, paragraph 2, neither the announcement nor the advertising may refer to content that is harmful to minors, nor may the announcement or advertising be conducted in a manner that is harmful to minors.
Section 2
Youth protection in public
§ 4 Restaurants
(1) Children and young people under 16 years of age may only be permitted to stay in restaurants if they are accompanied by a person with parental responsibility or a person entrusted with their upbringing, or if they are having a meal or a drink between 5 a.m. and 11 p.m. Young people aged 16 and over may not be permitted to stay in restaurants without being accompanied by a person with parental responsibility or a person entrusted with their upbringing between midnight and 5 a.m.
(2) Paragraph 1 shall not apply if children or young people are participating in an event organized by a recognized youth welfare organization or are traveling.
(3) Children and young people shall not be permitted to stay in restaurants operated as night bars or nightclubs and in similar entertainment establishments.
(4) The competent authority may authorise exceptions to paragraph 1.
§ 5 Dance Events
(1) Children and young people under 16 years of age may not be permitted to attend public dance events without being accompanied by a person with parental responsibility or guardianship, and young people aged 16 and over may be permitted to do so until midnight at the latest.
(2) Notwithstanding paragraph 1, the presence of children until 10 p.m. and young people under 16 years of age until midnight may be permitted if the dance event is organized by a recognized youth welfare organization or serves artistic activity or the preservation of customs.
(3) The competent authority may grant exceptions.
§ 6 Gaming arcades, gambling
(1) Children and young people shall not be permitted to be present in public gaming halls or similar premises primarily used for gaming.
(2) Children and young people may only be allowed to participate in games of chance in public at folk festivals, shooting festivals, fairs, special markets or similar events and only on the condition that the prize consists of goods of low value.
§ 7 Events and establishments that are harmful to young people
If a public event or business poses a risk to the physical, mental, or emotional well-being of children or young people, the competent authority may order the organizer or business operator to prohibit children and young people from attending. The order may include age restrictions, time limits, or other conditions if these eliminate or significantly reduce the risk.
§ 8 Places Harmful to Young People
If a child or young person is in a place where they face an immediate danger to their physical, mental, or emotional well-being, the competent authority or agency must take the necessary measures to avert the danger. If necessary, they must remove the child or young person.
1.
to stop to leave the place,
2.
to be brought to the person entitled to parental responsibility within the meaning of Section 7 Paragraph 1 No. 6 of the Eighth Book of the Social Code or, if no person entitled to parental responsibility can be reached, to be placed in the care of the youth welfare office.
In difficult cases, the responsible authority or body must inform the youth welfare office about the place that is harmful to young people.
§ 9 Alcoholic Beverages
(1) In restaurants, shops or other public places, it is permitted
1.
Beer, wine, wine-like drinks or sparkling wine or mixtures of beer, wine, wine-like drinks or sparkling wine with non-alcoholic drinks to children and young people under 16 years of age,
2.
other alcoholic beverages or foods containing other alcoholic beverages in more than a negligible amount, to children and adolescents
They may neither be given to them nor may they be allowed to consume them.
(2) Paragraph 1 number 1 shall not apply if young people are accompanied by a person with parental responsibility.
(3) Alcoholic beverages may not be offered in vending machines in public places. This does not apply if a vending machine
1.
is located in a place inaccessible to children and young people or
2.
placed in a commercially used space and it is ensured by technical devices or by constant supervision that children and young people cannot take alcoholic beverages.
Section 20 No. 1 of the Hospitality Act remains unaffected.
(4) Alcoholic soft drinks as defined in Section 1, paragraphs 2 and 3 of the Alcopop Tax Act may only be placed on the market commercially with the notice "Sale to persons under 18 years of age prohibited, Section 9 Youth Protection Act". This notice must be displayed on the packaging in the same font, size and color as the brand or trade name or, if none exists, as the product name, and in the case of bottles, on the front label.
§ 10 Smoking in public, tobacco products
(1) In restaurants, shops or other public places, tobacco products and other products containing nicotine and their containers may not be given to children or young people, nor may they be allowed to smoke or consume products containing nicotine.
(2) Tobacco products and other nicotine-containing products and their containers may not be offered for sale in vending machines in public places. This does not apply if a vending machine
1.
is located in a place inaccessible to children and young people or
2.
technical devices or constant supervision ensure that children and adolescents cannot remove tobacco products and other nicotine-containing products and their containers.
(3) Tobacco products and other products containing nicotine and their containers may not be offered to children and young people by mail order nor delivered to children and young people by mail order.
(4) Paragraphs 1 to 3 shall also apply to nicotine-free products, such as electronic cigarettes or electronic hookahs, in which liquid is vaporized by an electronic heating element and the resulting aerosols are inhaled by mouth, and to their containers.
Section 3
Youth protection in the media sector
§ 10a Protection objectives of child and youth media protection
Protection in the media sector includes
1.
Protection from media that are likely to impair the development of children or young people or their upbringing to become self-reliant and socially responsible individuals (developmentally harmful media),
2.
Protection from media that are likely to endanger the development of children or young people or their upbringing to become responsible and socially competent individuals (media harmful to minors),
3.
the protection of the personal integrity of children and young people in media use and
4.
The promotion of guidance for children, young people, persons with parental responsibility and educational professionals in media use and media education; the provisions of the Eighth Book of the Social Code remain unaffected.
§ 10b Media that impair development
(1) Media that are detrimental to development according to Section 10a Number 1 include in particular media that are excessively frightening, promote violence or impair the social-ethical value system.
(2) When assessing the impairment of development, circumstances relating to the use of the medium that lie outside the media content may also be taken into account if these are a permanent part of the medium and justify a different overall assessment beyond a labeling in accordance with Section 14 paragraph 2a.
(3) In particular, risks to the personal integrity of children and young people that may arise from the use of the medium and are deemed significant based on a concrete risk assessment must be appropriately considered, taking into account any precautionary measures within the meaning of Section 24a, paragraphs 1 and 2. These include, in particular, risks arising from communication and contact functions, purchasing functions, gambling-like mechanisms, mechanisms promoting excessive media use, the disclosure of inventory and usage data to third parties without consent, and age-inappropriate purchase appeals, especially through advertising references to other media.
§ 11 Film events
(1) Children and young people may only be permitted to attend public film screenings if the films have been approved for screening in front of them by the highest state authority or a voluntary self-regulatory organization in accordance with the procedure under Section 14(6), or if they are informational, instructional, or educational films marked as "information program" or "educational program" by the provider.
(2) Notwithstanding paragraph 1, children aged six and over may also be permitted to attend public film screenings of films which are approved and marked for children and young people aged twelve and over, provided they are accompanied by a person with parental responsibility or a person entrusted with their upbringing.
(3) Notwithstanding the conditions of paragraph 1, attendance at public film screenings may only be permitted if accompanied by a person with parental responsibility or a person entrusted with the child's upbringing.
1.
Children under six years of age,
2.
Children aged six and over, if the performance ends after 8 pm,
3.
Young people under 16 years of age, if the screening ends after 10 pm,
4.
Young people aged 16 and over, if the screening ends after midnight.
(4) Paragraphs 1 to 3 apply to the public screening of films, irrespective of the method of recording and playback. They also apply to advertising trailers and supporting programs. They do not apply to films produced for non-commercial purposes, as long as the films are not used commercially.
(5) Notwithstanding the conditions set out in paragraphs 1 to 4, advertising films or programs promoting alcoholic beverages may only be shown after 18 o'clock.
(6) Advertising films or programs promoting tobacco products, electronic cigarettes or refill containers as defined in Section 1(1)(1) of the Tobacco Products Act may only be shown in conjunction with films which
1.
are marked “Not suitable for minors” by the highest state authority or a voluntary self-regulatory organization within the framework of the procedure according to § 14 paragraph 6 in accordance with § 14 paragraph 2 or
2.
are not marked in accordance with the provisions of this law.
§ 12 Image carriers with films or games
(1) Data carriers (image carriers) suitable for distribution and programmed for playback on or playing on screen devices containing films or games may only be made accessible to a child or young person in public if the programs have been approved and labelled for their age group by the highest state authority or a voluntary self-regulatory organization within the framework of the procedure pursuant to Section 14 Paragraph 6, or if they are information, instruction and educational programs that are labelled by the provider as "information program" or "educational program".
(2) The markings required under paragraph 1 must be indicated on the image carrier and the cover by a clearly visible sign. The sign must be affixed to the front of the cover in the lower left corner, in an area of at least 1,200 square millimeters, and to the image carrier in an area of at least 250 square millimeters. The highest state authority may
1.
Details regarding the content, size, shape, color, and placement of the signs and
2.
Approve exceptions for placement on the image carrier or the cover.
Providers of digital services that distribute films and games must clearly indicate any existing labeling in their offering.
(3) Image carriers that are not marked or are marked with "Not suitable for minors" pursuant to Section 14 Paragraph 2 by the highest state authority or a voluntary self-regulatory organization within the framework of the procedure pursuant to Section 14 Paragraph 6 or pursuant to Section 14 Paragraph 7 by the provider may
1.
not offered, given or otherwise made accessible to a child or young person,
2.
not offered or supplied in retail outlets outside of business premises, in kiosks or other sales outlets that customers do not usually enter, or via mail order.
(4) Vending machines for pre-recorded image carriers may
1.
public transport areas accessible to children or young people,
2.
outside of premises used for commercial or other professional or business purposes or
3.
in their unattended entrances, vestibules or corridors
They may only be set up if exclusively image carriers marked in accordance with Section 14 Paragraph 2 Nos. 1 to 4 are offered and technical measures ensure that they cannot be operated by children and young people for whose age group their programs are not approved in accordance with Section 14 Paragraph 2 Nos. 1 to 4.
(5) Contrary to paragraphs 1 and 3, video media containing excerpts of films and video games may only be distributed in conjunction with periodicals if they bear a notice from the distributor clearly indicating that a voluntary self-regulatory body has determined that these excerpts do not contain any material harmful to minors. This notice must be affixed to both the periodical and the video media before distribution with a clearly visible mark. Paragraph 2, sentences 1 to 3, apply accordingly. The highest state authority may exclude individual distributors from the authorization under sentence 1.
§ 13 Video Game Devices
(1) Children and young people may only be permitted to play on electronic screen gaming devices without the possibility of winning, which are set up in public, without being accompanied by a person with parental responsibility or a person entrusted with their upbringing, if the programs have been approved and labelled for their age group by the highest state authority or a voluntary self-regulatory organization within the framework of the procedure pursuant to Section 14 Paragraph 6, or if they are information, instruction or educational programs which are labelled by the provider as "information program" or "educational program".
(2) Electronic video game consoles may
1.
public transport areas accessible to children or young people,
2.
outside of premises used for commercial or other professional or business purposes or
3.
in their unattended entrances, vestibules or corridors
They may only be set up if their programs are approved and labelled for children aged six and over, or are labelled as "information program" or "educational program" in accordance with Section 14 Paragraph 7.
(3) Section 12 paragraph 2 sentences 1 to 3 shall apply mutatis mutandis to the affixing of markings to video game equipment.
§ 14 Labeling of films and game programs
(1) Films and games may not be released to children and young people if they are detrimental to the development of children and young people of the respective age group.
(2) The highest state authority or a voluntary self-regulatory organization within the framework of the procedure referred to in paragraph 6 shall mark the films and games with
1.
"Released without age restriction",
2.
"Approved for ages six and up"
3.
"Approved for ages 12 and up"
4.
"Approved for ages sixteen and up",
5.
"Not suitable for minors".
(2a) Within the framework of the procedure under paragraph 6, the highest state authority or a voluntary self-regulatory organization shall, beyond the age categories specified in paragraph 2, label films and video games with symbols and other means indicating the essential reasons for the age rating of the medium and its potential impairment of personal integrity. The highest state authority may issue further instructions regarding the design and placement of the symbols and other means.
(3) If, in the assessment of the highest state authority or a voluntary self-regulatory organization within the framework of the procedure pursuant to paragraph 6, a film or game program contains any of the content specified in Section 15, paragraph 2, numbers 1 to 5, or if it is included in the list pursuant to Section 18, it will not be labelled. The highest state authority shall notify the competent law enforcement authority of any facts that suggest a violation of Section 15, paragraph 1.
(4) If a film or game program is wholly or substantially identical in content to a medium included in the list pursuant to Section 18, it is precluded from being classified. The review board for media harmful to minors decides whether there is an identity of content. Sentence 1 applies accordingly if the requirements for inclusion in the list are met. In cases of doubt, the highest state authority or a voluntary self-regulatory organization, within the framework of the procedure pursuant to paragraph 6, obtains a decision from the review board for media harmful to minors.
(4a) Paragraph 4 shall not apply to release decisions pursuant to Section 11(1).
(5) The classifications of films also apply to screenings of films with identical content at public film events, unless and insofar as the highest state authorities stipulate otherwise in the agreement on the procedure pursuant to paragraph 6. The classification of films for public film events may be extended to films with identical content for physical media, video game devices and digital services; paragraph 4 applies accordingly.
(6) The highest state authorities may agree on a joint procedure for the approval and labeling of films and video games based on the results of reviews conducted by voluntary self-regulatory organizations supported or endorsed by industry associations. This agreement may stipulate that approvals and labels issued by one voluntary self-regulatory organization constitute approvals and labels issued by the highest state authorities of all states, unless a highest state authority decides otherwise for its jurisdiction. Organizations of voluntary self-regulation recognized under the provisions of the Interstate Treaty on the Protection of Minors in the Media may conclude an agreement with the highest state authorities in accordance with sentences 1 and 2.
(6a) The joint procedure pursuant to paragraph 6 shall provide that age ratings confirmed by the central supervisory authority of the Länder for the protection of minors in the media pursuant to the Interstate Treaty on the Protection of Minors in the Media or age ratings issued by public broadcasters shall be deemed to constitute approvals within the meaning of paragraph 6, sentence 2, provided that this is not incompatible with the case law of the highest Land authorities. Paragraphs 3 and 4 shall remain unaffected.
(7) Films and games for informational, instructional, or educational purposes may only be labelled by the provider as "informational program" or "educational program" if they obviously do not impair the development or education of children and young people. Paragraphs 1 to 5 do not apply. The highest state authority may exclude the right to label providers for individual providers or for specific films and games and may revoke labels already applied by the provider.
(8) Where films, visual media or video game devices contain, in addition to the films or games to be labelled, titles, supplements or other representations in text, images or sounds which may be considered to impair the development or education of children or young people, these shall be taken into account when deciding on the labelling.
(9) Paragraphs 1 to 6 and 8 shall apply mutatis mutandis to the labelling of films and games intended for distribution via digital services and which are eligible for labelling.
(10) The highest state authority may agree on further details regarding the design and placement of the marking pursuant to Section 14a paragraph 1 with the voluntary self-monitoring bodies.
§ 14a Labeling on film and gaming platforms
(1) Film and gaming platforms are service providers that combine films or games into a single offering and make them available as their own content for individual on-demand viewing at a time chosen by the users, with the intention of generating profit. Film and gaming platforms as defined in sentence 1 may only make a film or game available if it is clearly and appropriately labelled in accordance with the age ratings specified in Section 14, paragraph 2.
1.
within the framework of the procedure of Section 14 Paragraph 6 or
2.
by a voluntary self-regulatory body recognized under Section 19 of the Interstate Treaty on the Protection of Minors in the Media or by a youth protection officer certified by a voluntary self-regulatory body under Section 7 of the Interstate Treaty on the Protection of Minors in the Media or,
3.
If no marking as defined in point 1 or 2 is provided, by an automated assessment system recognized by the highest state authorities of a voluntary self-regulatory body operating within the framework of an agreement pursuant to Section 14 paragraph 6
was carried out. Sections 10b and 14 paragraph 2a apply accordingly.
(2) The service provider is exempt from the obligation under paragraph 1 sentence 2 if the film or gaming platform demonstrably has fewer than one million users in Germany. The obligation also does not apply to films and games where it is ensured that they are made accessible exclusively to adults.
(3) This provision also applies to service providers whose country of establishment is not Germany. Sections 2 and 3 of the Digital Services Act remain unaffected.
§ 15 Media Harmful to Young Persons
(1) Media whose inclusion in the list of media harmful to minors has been announced pursuant to Section 24 Paragraph 3 Sentence 1 may not be used as carrier media
1.
offered, given or otherwise made accessible to a child or young person,
2.
displayed, posted, exhibited or otherwise made accessible in a place that is accessible to or can be viewed by children or young people,
3.
in retail outside of business premises, in kiosks or other sales outlets that customers do not usually enter, in mail order or in commercial lending libraries or reading circles of another person,
4.
by way of commercial letting or comparable commercial granting of use, except in shops which are not accessible to children and young people and cannot be seen by them, offered or given to another person,
5.
imported via mail order,
6.
publicly offered, advertised or promoted in a place accessible to or viewable by children or young people, or through the distribution of physical media or digital services outside of commercial transactions with the relevant trade,
7.
manufactured, obtained, supplied, kept in stock or imported for the purpose of using them or pieces derived from them in accordance with items 1 to 6 or enabling another person to use them in such a way.
(1a) Media whose inclusion in the list of media harmful to minors has been announced pursuant to Section 24 paragraph 3 sentence 1 may not be presented as content of a digital service in a place that is accessible to or can be viewed by children or young people.
(2) The restrictions of paragraph 1 shall apply, without the need for inclusion in the list and publication, to media that are seriously harmful to minors which
1.
have one of the contents specified in Sections 86, 130, 130a, 131, 184, 184a, 184b or 184c of the Criminal Code,
2.
glorify war,
3.
Depicting people who are dying or are or have been subjected to serious physical or mental suffering in a manner that violates human dignity and recounting an actual event without an overriding legitimate interest in precisely this form of reporting,
3a.
particularly realistic, gruesome and sensational depictions of gratuitous violence that dominate the narrative,
4.
Depicting children or adolescents in unnatural, gender-emphasized body postures or
5.
are obviously likely to seriously endanger the development of children or adolescents or their upbringing to become self-reliant and socially responsible individuals.
(3) The restrictions of paragraph 1 shall also apply, without the need for inclusion in the list and publication, to media which are wholly or substantially identical in content to a medium whose inclusion in the list has been published.
(4) The list of media harmful to minors may not be printed or published for the purpose of commercial advertising.
(5) Commercial advertising for media carriers must not indicate that proceedings for the inclusion of the medium or a medium with identical content in the list are or have been pending.
(6) Where delivery is permitted, traders shall inform retailers of the distribution restrictions set out in paragraph 1, nos. 1 to 6, before supplying the goods.
§ 16 State Law
The federal states may enact regulations for the protection of minors in the area of digital services that go beyond this law. The specific requirements for the content of digital services are set out in the Interstate Treaty on the Protection of Minors in the Media.
Section 4
Federal Centre for Child and Youth Media Protection
§ 17 Competent Federal Authority and Management
(1) The Federal Review Board for Media Harmful to Minors shall be responsible for carrying out the tasks which are to be carried out under federal administration pursuant to this Act; it shall be called the “Federal Centre for the Protection of Children and Young People in the Media” (Federal Centre) and shall be subordinate to the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.
(2) The Federal Centre shall be headed by a Director (Head of Authority).
§ 17a Tasks
(1) The Federal Centre shall maintain a review body for media harmful to minors, which shall decide on the inclusion of media in the list of media harmful to minors pursuant to Section 18 and on the removal of media from this list.
(2) The Federal Agency shall promote the further development of child and youth media protection through appropriate measures. These include in particular
1.
the promotion of joint responsibility between the state, the economy and civil society for the coordination of an overall strategy to achieve the protection objectives of Section 10a,
2.
the utilization and further development of the insights to be derived from the entirety of the review board's adjudication practice regarding media-induced socio-ethical disorientation of children and young people, in particular through guidance for children and young people, persons with parental responsibility, professionals and through the promotion of public discourse as well as
3.
a regular exchange of information with institutions active in the field of child and youth media protection regarding their respective ruling practices.
(3) The Federal Agency may, in order to fulfill its task under paragraph 2, promote or carry out measures of supra-regional importance.
§ 17b Advisory Board
The Federal Agency shall establish an advisory board to advise it in fulfilling its tasks pursuant to Section 17a, paragraph 2, sentence 1. The advisory board shall consist of up to twelve persons who are particularly committed to the realization of the rights and protection of children and young people. Representatives of the interests of children and young people shall be allocated three seats. Two of these seats shall be filled by persons who are no older than 17 at the time of their appointment and who have been nominated by representatives of the interests of children and young people active at the federal level. The Federal Agency shall appoint members of the advisory board for a term of three years. Further details shall be governed by rules of procedure.
§ 18 List of media harmful to minors
(1) Media that are likely to endanger the development of children or young people or their upbringing to become responsible and socially competent individuals shall be included in a list (List of Media Harmful to Young People) by the Federal Centre for Education and Research, following a decision by the Review Board for Media Harmful to Young People. This includes, in particular, media that are immoral, brutalizing, incite violence, crime or racial hatred, as well as media in which
1.
Acts of violence such as murder and carnage are depicted in a self-serving and detailed manner, or
2.
Vigilante justice is suggested as the only proven means of enforcing supposed justice.
(2) (deleted)
(3) A medium may not be included in the list
1.
solely because of its political, social, religious or ideological content,
2.
if it serves art or science, research or teaching,
3.
if it is in the public interest, unless the manner of presentation is objectionable.
(4) In cases of minor importance, it may be omitted from including a medium in the list.
(5) Media shall be included in the list if a court has determined in a final and binding decision that the medium contains one of the contents specified in Sections 86, 130, 130a, 131, 184, 184a, 184b or 184c of the Criminal Code. Section 21 paragraph 5 number 2 remains unaffected.
(5a) If the review body for media harmful to minors becomes aware that a decision triggering the listing pursuant to paragraph 5 sentence 1 has been revoked, it shall immediately examine ex officio whether the conditions for the medium to remain on the list continue to be met.
(6) The review board for media harmful to minors assesses in its decisions whether a medium contains any of the content specified in Sections 86, 130, 130a, 131, 184, 184a, 184b or 184c of the Criminal Code. If so, it must forward its decision, including the reasons for this assessment, to the competent law enforcement authority.
(7) Media outlets shall be removed from the list if the conditions for inclusion are no longer met. Inclusion on the list shall cease to have effect after 25 years.
(8) Paragraph 1 does not apply to films and games that are labelled in accordance with Section 14, paragraph 2, numbers 1 to 5, also in conjunction with Section 14, paragraph 9. Paragraph 1 also does not apply if the central supervisory authority of the Länder for the protection of minors in the media has previously determined that the conditions for inclusion in the list of media harmful to minors pursuant to paragraph 1 are not met. If a recognized self-regulatory body has previously assessed the digital service, paragraph 1 applies only if the central supervisory authority of the Länder for the protection of minors considers the conditions for inclusion in the list of media harmful to minors pursuant to paragraph 1 to be met, or if no such decision has been made by the central supervisory authority of the Länder for the protection of minors in the media.
§ 19 Staffing of the review board for media harmful to minors
(1) The review body for media harmful to minors consists of
1.
the chairman or the chairperson,
2.
one assessor to be appointed by each state government and
3.
further associate members to be appointed by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.
The chairperson is appointed by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. The head of the agency nominates a person employed at the Federal Agency who is qualified to hold judicial office under the German Judges Act. The head of the agency may also chair the committee themselves. At least one deputy chairperson and one deputy chairperson must be appointed for each of the other members. The respective state government may delegate its right of appointment under sentence 1, number 2, to a supreme state authority.
(2) The assessors to be appointed by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall be appointed by the districts
1.
the art
2.
of literature,
3.
of the book trade and the publishing industry,
4.
the provider of image carriers and digital services,
5.
the provider of independent youth services,
6.
the public youth welfare provider,
7.
the teaching staff and
8.
the churches, the Jewish religious communities and other religious communities that are corporations under public law,
This can be taken from the proposal of the aforementioned groups. The book trade and publishing industry, as well as providers of visual media and digital services, are considered equivalent to those circles that carry out comparable activities in the evaluation and distribution of media, regardless of the type of recording and reproduction.
(3) The chairperson and the other members shall be appointed for a term of three years. They may be removed from office prematurely by the body that appointed them if they fail to comply with their obligation to cooperate in the review board for media harmful to minors.
(4) The members of the review body for media harmful to minors shall not be bound by instructions in making their decisions.
(5) The Review Board for Media Harmful to Minors shall make decisions with a panel of twelve members, consisting of the chairperson, three representatives from the Länder (federal states), and one representative from each of the groups referred to in paragraph 2. If representatives or their deputies who have been summoned to the meeting fail to appear, the Review Board for Media Harmful to Minors shall also be able to make decisions with a panel of at least nine members, of whom at least two must belong to the groups referred to in paragraph 2, numbers 1 to 4.
(6) An order to include a product on the list requires a two-thirds majority of the members of the review board for media harmful to minors participating in the decision. In the composition referred to in paragraph 5, sentence 2, a minimum of seven votes is required for inclusion on the list.
§ 20 Associations entitled to submit proposals
(1) The right to nominate candidates pursuant to Section 19(2) shall be exercised within the following circles by the following organisations for one associate member and one deputy each:
1.
for the art world through
German Cultural Council,
German Association of Art Educators (Bund Deutscher Kunsterzieher e. V.),
Artists' Guild e. V.,
Association of German Graphic Designers,
2.
for literary circles through
Association of German Writers
Free German Writers' Association,
German Authors' Association e. V.,
PEN Center,
3.
for the book trade and publishing industry through
Börsenverein des Deutschen Buchhandels e. V.,
Association of German Railway Station Booksellers,
Federal Association of German Book, Newspaper and Magazine Wholesalers e. V.,
Federal Association of German Newspaper Publishers e. V.,
Association of German Magazine Publishers e. V.,
German Publishers and Booksellers Association - Publishers' Committee,
Working Group of Magazine Publishers (AGZV) within the German Publishers and Booksellers Association,
4.
for the circles of providers of image carriers and digital services through
German Video Association,
German Association of Entertainment Software e. V.,
Top organization of the film industry e. V.,
German Association for Information Technology, Telecommunications and New Media (Bundesverband Informationswirtschaft, Telekommunikation und neue Medien e. V.),
German Multimedia Association e. V.,
Electronic Commerce Organization e. V.,
Association of the German Gaming Machine Industry e. V.,
IVD (Association of Video Libraries in Germany)
5.
for the circles of providers of independent youth services through
Federal Association of Independent Welfare Organizations,
German Federal Youth Council,
German Sports Youth,
Federal Working Group for Child and Youth Protection (BAJ) e. V.,
6.
for the circles of public youth welfare providers through
German County Association,
German Association of Cities,
German Association of Towns and Municipalities,
7.
for the teaching profession through
Education and Science Union within the German Trade Union Confederation,
German Teachers' Association,
Association for Education and Training,
Association of Catholic German Women Teachers and
8.
for the groups of public corporations mentioned in Section 19 Paragraph 2 No. 8 by
Representative of the Council of the EKD at the seat of the Federal Republic of Germany,
Commission of the German Bishops - Catholic Office in Berlin,
Central Council of Jews in Germany.
For each organization exercising its right to nominate a member, one member and one deputy member shall be appointed. If one of the organizations mentioned in sentence 1 submits several nominations, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall select one member.
(2) For the groups mentioned in Section 19, paragraph 2, associate members and deputy associate members may also be nominated by organizations not specifically named. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth publishes a call for such nominations in the Federal Gazette in January of each year, requesting submissions within six weeks. From the nominations received by the deadline, it shall appoint one additional associate member and one deputy associate member for each group. Nominations from organizations that lack their own established standing or cannot be expected to be active on a long-term basis shall not be considered. If several interested parties cannot agree on a nomination, the decision shall be made by drawing lots; paragraph 1, sentence 3, shall apply accordingly. If it appears necessary, taking into account the workload of the review body for media harmful to minors, and if the number of proposals from the organizations named within a group is insufficient, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth may also appoint several associate members and deputy associate members; sentence 5 applies accordingly.
§ 21 Procedure of the review body for media harmful to minors
(1) The review body for media harmful to minors usually acts upon application.
(2) The following are eligible to apply
1.
the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth,
2.
the highest state youth authorities,
3.
the central supervisory authority of the federal states for youth media protection,
4.
the state youth welfare offices,
5.
the youth welfare offices,
6.
the recognized bodies of voluntary self-regulation,
7.
the internet complaint offices funded by the European Union, the federal government, the states or the state media authorities, as well as
8.
The persons referred to in paragraph 7 shall also be involved in the application for removal from the list and for the application for a determination that a medium is not wholly or substantially identical in content to a medium already included in the list.
(3) If it is obviously not possible to add or remove a person from the list, the Chair may discontinue the proceedings.
(4) The Review Board for Media Harmful to Young Persons shall act ex officio if an authority not mentioned in paragraph 2 or a recognized independent youth welfare organization so suggests and the Chair of the Review Board for Media Harmful to Young Persons considers the conduct of the procedure necessary in the interest of youth protection.
(4a) Applications and suggestions relating to media that are particularly widespread among children and young people or that appear to have a particular impact on the interests of youth protection may be given priority.
(5) The Review Board for Media Harmful to Young Persons shall act ex officio at the instigation of the Chairperson,
1.
if it is doubtful whether a medium is wholly or substantially identical in content to a medium already included in the list,
2.
if it becomes known that the conditions for including a medium in the list pursuant to Section 18 Paragraph 7 Sentence 1 are no longer met, or
3.
if the inclusion in the list pursuant to Section 18 Paragraph 7 Sentence 2 becomes ineffective and the conditions for inclusion in the list continue to exist.
(6) Before deciding whether to include a digital service or a definable piece of content within a digital service in the list as a unit of assessment, the Review Board for Media Harmful to Minors must give the central supervisory authority of the federal states for the protection of minors the opportunity to comment on the telemedium without delay. The Review Board for Media Harmful to Minors must give due consideration to comments and applications from the central supervisory authority of the federal states for the protection of minors in its decisions. If the Review Board for Media Harmful to Minors does not receive a comment from the central supervisory authority of the federal states for the protection of minors within five working days of being requested to do so, it may make its decision without this comment.
(7) The author or the holder of the rights of use, and in the case of digital services or a separable content within a digital service in the sense of a unit of assessment, the provider, shall be given the opportunity to comment, insofar as the review body for media harmful to minors is aware of the addresses or the review body for media harmful to minors can determine the addresses from publicly accessible sources with reasonable effort by means of information relating to the medium.
(8) The decisions are
1.
in the case of media belonging to the author or the holder of the rights of use,
2.
in the case of digital services or a definable content within a digital service in the sense of a unit of assessment of the author and the provider and
3.
the requesting authority
to be served. It must list in detail the distribution and advertising restrictions resulting from the decision. The reasoning must be attached or served within one week. The reasoned decision must be transmitted to:
1.
the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth,
2.
the highest state youth authorities,
3.
the central supervisory authority of the federal states for youth media protection,
4.
the recognized institutions of voluntary self-regulation, the internet complaint offices funded by the European Union, the federal government, the states or the state media authorities and
5.
the authority or institution initiating the procedure or the body initiating the procedure pursuant to paragraph 4.
(9) The review body for media harmful to minors shall cooperate with the central supervisory authority of the Länder for the protection of minors in the media and maintain a regular exchange of information.
(10) (omitted)
§ 22 Inclusion of periodically published media in the list of media harmful to minors
Periodicals can be added to the list of media harmful to minors for a period of three to twelve months if more than two of their issues have been added to the list within a twelve-month period. This does not apply to daily newspapers and political magazines, nor to their digital editions.
§ 23 Simplified procedure
(1) In a simplified procedure, the review body for media harmful to minors may decide on the inclusion of media in the list of media harmful to minors if
1.
the medium is obviously likely to endanger the development of children or adolescents or their upbringing to become self-reliant and socially responsible individuals or
2.
The decision regarding a digital service is made upon application or after a statement from the central supervisory authority of the federal states for youth media protection.
In the simplified procedure, the chairperson and two other members of the review board for media harmful to minors, one of whom must belong to one of the groups listed in Section 19, Paragraph 2, Numbers 1 to 4, make the decision. In the simplified procedure, the decision can only be made unanimously. If a unanimous decision cannot be reached, the review board for media harmful to minors decides with its full panel (Section 19, Paragraph 5).
(2) Inclusion in the list pursuant to Section 22 is not possible under the simplified procedure.
(3) The persons concerned (§ 21 para. 7) may, within one month of service of the decision, submit an application for a decision by the review body for media harmful to minors in full composition.
(4) After ten years have elapsed since a medium was included in the list, the review body for media harmful to minors may decide to remove it from the list under the conditions of Section 21(5)(2) using a simplified procedure.
(5) If there is a risk that a medium will be distributed, disseminated or made available on a large scale in the short term and its final inclusion on the list is clearly to be expected, its inclusion on the list may be provisionally ordered using a simplified procedure. Paragraph 2 shall apply accordingly.
(6) The provisional order shall be removed from the list upon the final decision of the review board for media harmful to minors, but no later than one month after its issuance. The period specified in sentence 1 may be extended by a maximum of one month before its expiry. Paragraph 1 shall apply accordingly. Where the provisional order is to be published in the Federal Gazette, this shall also apply to any extension thereof.
§ 24 Maintenance of the list of media harmful to minors
(1) The Federal Centre shall maintain the list of media harmful to minors pursuant to Section 17a paragraph 1.
(2) Decisions regarding inclusion on or removal from the list must be implemented without delay. The list must be corrected without delay if decisions of the review board for media harmful to minors are overturned or become invalid.
(2a) The list of media harmful to minors shall be kept as a public list. However, if the publication of a medium in the public list would be detrimental to the protection of children and young people, that medium shall be listed in a non-public section of the list. Such detriment is to be assumed in particular if the medium can only be described in the public list in such a way that the description simultaneously enables direct access by children and young people.
(3) If a medium is added to or removed from the public part of the list, this shall be published in the Federal Gazette with reference to the underlying decision.
(4) The Federal Agency may communicate the list in a suitable form to the central supervisory authority of the Länder for youth media protection, to the self-regulatory bodies recognized in the field of digital services, and to the internet complaint offices funded by the Federal Government, the Länder, or the state media authorities, so that the list's contents can be used to compare offerings in digital services with media included in the list, in order to enable children and young people to access offerings as safely as possible and to simplify the processing of reports of content harmful to minors. The communication shall include a reference to assessments pursuant to Section 18, paragraph 6.
(5) With regard to physical media and digital services included in the list of media harmful to minors before 30 April 2021, Section 18 paragraph 2 and Section 24 paragraph 2 shall continue to apply in the version in force until that date. Physical media whose inclusion in the list of media harmful to minors was announced before 30 April 2021 may be transferred to a common list structure with the list to be maintained from that date onwards, designating them as list parts A or B.
§ 24a Preventive measures
(1) The Federal Centre for the Protection of Children and Young People in the Media is, pursuant to Section 12 paragraph 2 sentence 1 of the Digital Services Act, the competent authority for the enforcement of Article 28 paragraph 1 of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on an internal market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1; L 310, 1.12.2022, p. 17), according to which providers of online platforms accessible to minors must take appropriate and proportionate measures to ensure a high level of privacy, security and protection for children and young people within their service (precautionary measures).
(2) The following precautionary measures are particularly suitable:
1.
the provision of a reporting and redress procedure with user guidance suitable for children and young people, within which in particular underage users can report infringements of their personal integrity by user-generated information to the service provider;
2.
the provision of a rating system for user-generated audiovisual content, which, in connection with the generation of content, specifically requests users to assess the suitability of content according to the age rating "18 years and over" as only for adults;
3.
the provision of technical means for age verification of user-generated audiovisual content that the user has rated as suitable only for adults in connection with its generation, according to the age rating "18 years and over";
4.
the easily accessible reference to independent advisory services, help and reporting options;
5.
the provision of technical means to control and monitor the use of the services by persons with parental responsibility;
6.
the establishment of default settings that limit usage risks for children and young people, taking their age into account, in particular by not requiring explicit consent to the contrary
a)
User profiles cannot be found by search services and are not visible to unregistered persons.
b)
Location and contact details, and communication with other users, will not be published.
c)
Communication with other users is restricted to a circle chosen in advance by the users themselves and
d)
The use is anonymous or under a pseudonym.
(3) Section 24b paragraph 3 shall apply mutatis mutandis to the enforcement of Article 14 paragraph 3 of Regulation (EU) 2022/2065.
(4) Sections 2 and 3 of the Digital Services Act and the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1; L 314, 22.11.2016, p. 72; L 127, 23.5.2018, p. 2) remain unaffected.
§ 24b Powers and Procedures
(1) Within the scope of its responsibilities under Section 12(2), first sentence, of the Digital Services Act, the Federal Agency shall have the powers provided for in Regulation (EU) 2022/2065, taking into account the supplementary provisions of the Digital Services Act.
(2) The joint federal and state competence center for youth media protection on the internet, “jugendschutz.net”, conducts initial assessments of the precautionary measures taken by online platform providers and informs the Federal Agency of its assessment. Within the scope of its responsibilities under Section 12, paragraph 2, sentence 1 of the Digital Services Act, the Federal Agency takes into account the opinion of the central supervisory authority of the states for youth media protection.
(3) If the Federal Centre determines that a provider has not taken any or only insufficient precautionary measures in accordance with Article 28(1) of Regulation (EU) 2022/2065, it shall give the provider an opportunity to comment and advise it on the necessary precautionary measures. If the provider still fails to take the necessary precautionary measures after the consultation has been completed, the Federal Centre shall request the provider to take the precautionary measures within a reasonable timeframe.
(4) If the provider fails to comply with the request pursuant to paragraph 3, sentence 2, within the set deadline, or complies only inadequately, the Federal Centre may itself order the necessary precautionary measures pursuant to Article 28(1) of Regulation (EU) 2022/2065, setting a further reasonable deadline. Before issuing this order, the Federal Centre shall give the central supervisory authority of the Länder for youth media protection an opportunity to comment.
§ 25 Legal recourse
(1) For legal action against a decision of the review body for media harmful to minors to include a medium in the list of media harmful to minors or to reject an application for removal from the list, the administrative courts shall have recourse.
(2) The requesting authority may bring an action in administrative courts against a decision of the review body for media harmful to minors not to include a medium in the list of media harmful to minors, as well as against a discontinuation of the proceedings.
(3) The action shall be brought against the Federal Government, represented by the Federal Centre for the Protection of Children and Young People in the Media.
(4) The action shall not have suspensive effect. Prior to bringing an action, no preliminary review is required; however, in the case of a decision in the simplified procedure pursuant to Section 23, a decision must first be obtained from the Review Board for Media Harmful to Minors in the composition pursuant to Section 19(5).
Section 5
Authorization to issue regulations
Section 26 Authorization to issue regulations
The Federal Government is authorized to regulate, by statutory instrument with the consent of the Federal Council, details concerning the location and procedures of the review body for media harmful to minors and the maintenance of the list of media harmful to minors.
Section 6
Prosecution of violations
§ 27 Penal provisions
(1) Anyone who commits an offense against the law shall be punished with imprisonment for up to one year or with a fine.
1.
contrary to Section 15 Paragraph 1 Numbers 1 to 5 or 6, in each case also in conjunction with Paragraph 2, or contrary to Section 15 Paragraph 1a, offers, provides, makes accessible, exhibits, posts, presents, introduces, announces or advertises a medium mentioned therein,
2.
contrary to Section 15 Paragraph 1 No. 7, also in conjunction with Paragraph 2, manufactures, obtains, supplies, stocks or imports a carrier medium,
3.
contrary to Section 15 Paragraph 4, prints or publishes the list of media harmful to minors,
4.
contrary to Section 15 Paragraph 5, in commercial advertising, there is a notice mentioned therein or
5.
acts contrary to an enforceable decision pursuant to Section 21 Paragraph 8 Sentence 1 No. 1.
(2) The same penalty shall apply to anyone who acts as an organizer or trader
1.
commits an intentional act as described in Section 28 Paragraph 1 Numbers 4 to 18 or 19 and thereby at least recklessly endangers a child or young person in their physical, mental or moral development or
2.
commits or persistently repeats an intentional act described in Section 28 Paragraph 1 Numbers 4 to 18 or 19 for the purpose of gain.
(3) In the cases
1.
paragraph 1 no. 1 or
2.
paragraph 1 no. 3, 4 or 5
If committed negligently, the penalty is imprisonment for up to six months or a fine of up to one hundred and eighty daily rates.
(4) Paragraph 1, numbers 1 and 2, and paragraph 3, number 1, shall not apply if a person with parental responsibility or a person acting with the consent of a person with parental responsibility offers, provides, makes accessible, or shows the medium to a child or young person. This shall not apply if the person with parental responsibility grossly violates their duty of care by giving consent, offering, providing, making accessible, or showing the medium.
§ 28 Fines
(1) An organizer or business operator who intentionally or negligently commits an administrative offense is guilty of an administrative offense.
1.
Contrary to Section 3 Paragraph 1, fails to publish, or does not publish correctly or in the prescribed manner, the regulations applicable to his business establishment or event.
2.
contrary to Section 3 Paragraph 2 Sentence 1, a marking is used,
3.
Contrary to Section 3 Paragraph 2 Sentence 2, fails to provide a notice, provides an incorrect notice, or provides a notice that is not given in a timely manner.
4.
contrary to Section 3 Paragraph 2 Sentence 3, gives a notice, announces a film or game program, or advertises a film or game program,
5.
contrary to Section 4 Paragraph 1 or 3, a child or young person is permitted to stay in a restaurant,
6.
Contrary to Section 5 Paragraph 1, a child or young person is permitted to be present at a public dance event,
7.
Contrary to Section 6 Paragraph 1, a child or young person is permitted to be present in a public arcade or a room mentioned therein,
8.
Contrary to Section 6 Paragraph 2, a child or young person is permitted to participate in a game with a chance of winning.
9.
contravenes an enforceable order pursuant to Section 7 Sentence 1,
10.
contrary to Section 9 Paragraph 1, gives an alcoholic beverage to a child or young person or allows him or her to consume it,
11.
contrary to Section 9 Paragraph 3 Sentence 1, offers an alcoholic beverage in a vending machine,
11a.
contrary to Section 9 Paragraph 4, places alcoholic sweet drinks on the market,
12.
contrary to Section 10 Paragraph 1, also in conjunction with Paragraph 4, gives a product mentioned therein to a child or young person or allows a child or young person to smoke or consume,
13.
contrary to Section 10, paragraph 2, sentence 1 or paragraph 3, in each case also in conjunction with paragraph 4, offers or supplies a product mentioned therein,
14.
contrary to Section 11 Paragraph 1 or 3, in each case also in conjunction with Paragraph 4 Sentence 2, a child or a young person is permitted to be present at a public film event, an advertising trailer or a supporting program,
14a.
contrary to Section 11, paragraph 5 or 6, shows an advertising film or an advertising program,
15.
contrary to Section 12 Paragraph 1, makes an image carrier accessible to a child or a young person,
16.
contrary to Section 12 Paragraph 3 No. 2, offers or provides an image carrier,
17.
contrary to Section 12 Paragraph 4 or Section 13 Paragraph 2, sets up a vending machine or a video game console,
18.
contrary to Section 12 Paragraph 5 Sentence 1, distributes an image carrier,
19.
contrary to Section 13 Paragraph 1, allows a child or young person to play on screen gaming devices or
20.
Contrary to Section 15 Paragraph 6, fails to provide a notice, provides an incorrect notice, or provides a notice that is not given in a timely manner.
(2) Any provider who intentionally or negligently
1.
contrary to Section 12 Paragraph 2 Sentences 1 and 2, also in conjunction with Paragraph 5 Sentence 3 or Section 13 Paragraph 3, fails to provide a notice, provides an incorrect notice or does not provide a notice in the prescribed manner,
2.
contravenes an enforceable order pursuant to Section 12 Paragraph 2 Sentence 3 No. 1, also in conjunction with Paragraph 5 Sentence 3 or Section 13 Paragraph 3, or pursuant to Section 14 Paragraph 7 Sentence 3,
3.
contrary to Section 12 Paragraph 5 Sentence 2, fails to provide a notice, provides it incorrectly, not in the prescribed manner or not in a timely manner, or
4.
contrary to § 14 para. 7 sentence 1, labels a film or game program as "information program" or "educational program".
(3) An administrative offence shall be committed by anyone who intentionally or negligently
1.
contrary to Section 12 Paragraph 2 Sentence 4, fails to provide a notice, provides an incorrect notice or does not provide a notice in the prescribed manner,
2.
contrary to Section 14a paragraph 1 sentence 2, provides a film or a game program,
3.
contrary to Section 24 Paragraph 5 Sentence 2, a notification is used or
4.
contravenes an enforceable order pursuant to Section 24b Paragraph 4 Sentence 1.
(4) It is an administrative offense for a person over 18 years of age to incite or promote conduct in a child or young person that is intended to be prevented by a prohibition specified in paragraph 1, numbers 5 to 8, 10, 12, 14 to 16 or 19, or in section 27, paragraph 1, number 1 or 2, or contained in section 12, paragraph 3, number 1, or by an enforceable order pursuant to section 7, sentence 1. With regard to the prohibition in section 12, paragraph 3, number 1, this does not apply to the person with parental custody or to a person acting with the consent of the person with parental custody.
(5) In the cases referred to in paragraph 3, number 4, the administrative offence may be punished by a fine of up to five million euros, and in the other cases by a fine of up to fifty thousand euros. Section 30, paragraph 2, sentence 3 of the Administrative Offences Act shall apply to the cases referred to in paragraph 3, number 4.
(6) In the cases referred to in paragraph 3, numbers 2 and 4, the administrative offence may also be punished even if it is not committed within the scope of this Act.
(7) The administrative authority within the meaning of Section 36 paragraph 1 number 1 of the Law on Regulatory Offences is, in the cases referred to in paragraph 3 numbers 2 and 4, the Federal Centre for the Protection of Children and Young People in the Media.
§ 29 Transitional provisions
Section 18 paragraph 8 sentence 1 applies to film programs for image carriers marked "Not suitable for viewers under eighteen years of age" under previous law, with the proviso that the reference "Section 14 paragraph 2 nos. 1 to 5" is replaced by the reference "Section 14 paragraph 2 nos. 1 to 4".
§ 29a Further transitional provision
Assessors of the Federal Review Board for Media Harmful to Minors and their representatives who are in office on May 1, 2021, may be appointed as assessors or representatives a maximum of two more times, irrespective of their previous membership in the Federal Review Board.
§ 29b Report and Evaluation
This law will be evaluated five years after its entry into force to examine the extent to which the protection objectives laid down in Section 10a have been achieved. The Federal Government will inform the German Bundestag of the evaluation results. Subsequently, the Advisory Board will receive a report every two years on further progress in achieving the protection objectives of Section 10a. Every four years, the Federal Government must submit this report to the German Bundestag.
§ 30 Entry into force, repeal
(1) This Act shall enter into force on the day on which the Interstate Treaty on the Protection of Human Dignity and the Protection of Young Persons in Broadcasting and Telemedia enters into force. At the same time, the Act on the Protection of Young Persons in Public of 25 February 1985 (Federal Law Gazette I p. 425), as last amended by Article 8a of the Act of 15 December 2001 (Federal Law Gazette I p. 3762), and the Act on the Dissemination of Publications and Media Content Harmful to Young Persons, as promulgated on 12 July 1985 (Federal Law Gazette I p. 1502), as last amended by Article 8b of the Act of 15 December 2001 (Federal Law Gazette I p. 3762), shall cease to have effect. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall publish the date of entry into force of this Act in the Federal Law Gazette.
(2) Notwithstanding paragraph 1 sentence 1, section 10 paragraph 2 and section 28 paragraph 1 no. 13 shall enter into force on 1 January 2007.
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