Germany

[DE] Approval for FSF

IRIS 2003-7:1/13

Peter Strothmann

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

On 18 June 2003, the Kommission für Jugendmedienschutz (Commission for Youth Protection in the Media KJM) decided to approve the Freiwillige Selbstkontrolle Fernsehen (Voluntary Self-Regulatory Authority for Television - FSF).

According to Article 19.1 of the Staatsvertrag über den Schutz der Menschenwürde und den Jugendschutz in Rundfunk und Telemedien (Inter-State Agreement on the protection of human dignity and of minors in broadcasting and telemedia), approved voluntary self-regulatory bodies may monitor the compliance of affiliated electronic service providers with the provisions of the Agreement and with relevant orders and directives. However, a voluntary self-regulatory body may only be approved if it meets the conditions set out in the Agreement. These refer, for example, to the independence and expertise of their appointed inspectors, the proper affiliation of a large number of providers and procedural rules governing the scope of the monitoring, the duty of broadcasters to submit their programmes for approval, and possible sanctions.

The KJM agreed to approve the FSF after the latter promised to amend several points in its application by 1 September 2003. These amendments concern the provision of a transparent, objective procedure for the appointment of FSF inspectors and the involvement of relevant social groups. The decision to approve the FSF remains valid for four years, subject to the appropriate conditions being met.