Germany

[DE] FSM Approved

IRIS 2006-1:1/17

Carmen Palzer

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

By a decision of 25 October 2005, the Freiwillige Selbstkontrolle Multimedia-Diensteanbieter e.V. (voluntary self-monitoring body for multimedia service providers - FSM) of the Kommission für Jugendmedienschutz (Commission for Youth Protection in the Media - KJM) was finally approved as a voluntary self-monitoring body in the sense of the Jugendmedienschutz-Staatsvertrag (Inter-State Agreement on Youth Protection in the Media - JMStV). Members of the FSM include Internet companies which offer telemedia services. They will now be able to refer any allegations that they have breached the JMStV to the FSM in the first instance. In future, the KJM will only be able to take action against service providers if the FSM has taken a decision that extends beyond its lawful remit.

The Freiwillige Selbstkontrolle Multimedia-Diensteanbieter e.V. had already been approved by the KJM on 23 November 2004, subject to certain conditions (see IRIS 2005-1: 11). Approval was granted on condition that the FSM amended its rules in such a way that it documented its monitoring activities and ensured that the KJM was informed about pending procedures and measures. The FSM had complained about these conditions. Following intensive negotiations, an agreement between the parties was reached and approval was finally granted.