Germany

[DE] Regulatory Authority Condemns Failure to Observe Watershed

IRIS 1999-10:1/23

Tanja Kranz

Institute of European Media Law (EMR), Saarbrücken/Brussels

The Versammlung der Landeszentrale für private Rundfunkveranstalter Rheinland-Pfalz (the Rhine-Palatinate Assembly of private broadcasting organisations - LPR) objected to two TV films shown by SAT 1 which, in view of their linkage of sex and violence, were such as to endanger children and young people. The SAT 1 production shown on 23 February 1999 at 8.15 p.m. entitled „The price of innocence" opened with a bondage and torture scene linking sex and violence. Viewers had the sadistic murder of a young girl presented acoustically though not visually. In the LPR`s view, the scene was very long drawn out and so presented as to be exceedingly disturbing for minors. The LPR also considered the TV film „Seduced - a dangerous affair" shown by SAT 1 on 2 March 1999 at 8.15 p.m. as endangering the young, also due its linkage of sex and violence: the film portrayed an unusual sex practice that here could be presumed to lead to death. This form of presentation could give rise to confusion among children and young people who were finding their way into sex. The LPR Assembly`s primary objection concerned the timing of the programme (8.15 p.m.), when it should be considered that these films might well be watched by minors between 12 and 16.

Thus, the showing of these films did not comply with the Rhine-Palatinate broadcasting regulations on the protection of minors (§32 para 2 LRG), under which programmes likely to impair the physical, mental or moral development of minors may not be authorised unless the broadcaster has ensured, by selecting the time of transmission or other measures, that young people in the age group concerned would not normally watch them. The broadcaster might assume this to be the case in transmitting between 11 p.m. and 6 a.m. A comparable regulation is to be found in the Agreement between Federal States on Broadcasting.

The LPR`s objection is sustainable. The joint office on protection of minors and programming of the regional media institutes agreed with the LPR proposal, after nationwide consultation, to condemn the broadcasting of these two films.