Germany

[DE] KJM and ASTRA Agree Regulatory Framework for Free-to-Air Erotic Content

IRIS 2010-8:1/23

Peter Matzneller

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

On 19 July 2010, the Kommission für Jugendmedienschutz (Commission for the Protection of Young People in the Media - KJM) and satellite provider ASTRA announced the conclusion of an agreement, under which ASTRA promised, on a voluntary basis, not to sign any more contracts with foreign providers of free-to-air erotic content for an indefinite period, and to phase out all existing contracts by the end of 2011. Aware of its responsibility as a service provider to protect young people, ASTRA also declared its willingness to refer proactively in line with its cooperation with the KJM at various events.

This KJM initiative to improve youth protection was triggered by numerous complaints about so-called "erotic freeze frame channels", on which foreign providers, which are not subject to German laws, broadcast erotic or pornographic content and services via satellite, usually in connection with a telephone hotline that viewers pay to use in order to make contact.

The agreement, which covers a total of almost 40 channels that pose problems from a youth protection point of view, is the result of a longstanding dialogue between the KJM and the satellite operator and should, in future, prevent foreign providers from circumventing German youth protection laws.