Germany

[DE] FSM Approved / Youth Protection Programmes on Trial

IRIS 2005-1:1/20

Kathrin Berger

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

At its meeting on 23 November 2004, the Kommission für Jugendmedienschutz (Commission for Youth Media Protection - KJM) approved the Freiwillige Selbstkontrolle Multimedia-Diensteanbieter e.V. (voluntary self-monitoring body for multimedia service providers - FSM) as a voluntary self-monitoring body in the telemedia field, in the sense of the Jugendmedienschutz-Staatsvertrages (Inter-State Agreement on Youth Media Protection - JMStV). According to Article 19.3 JMStV, voluntary self-monitoring bodies may be approved by the KJM, subject to certain conditions. Members of the FSM now have the opportunity to take disputes with the KJM to the FSM in the first instance. The FSM can make binding decisions concerning youth protection on the Internet. The KJM will only intervene if the FSM appears to be acting beyond its lawful remit. Approval was granted on condition that the FSM amends its rules concerning the way it documents its monitoring activities and informs the KJM. At the same meeting, two youth protection programmes, ICRAdeutschland and jugendschutzprogramm.de, were authorised on a trial basis in accordance with Article 11.6. Under this provision, the KJM, before approving a youth protection programme, may carry out a trial for a limited period in order to test out new procedures, precautions or technical means for youth protection. Youth protection programmes are meant to prevent the dissemination of material unsuitable for young people via the Internet by making it inaccessible to minors through the use of control mechanisms. Depending on the results of the trial, the programmes may be approved by the KJM.