Germany

[DE] Consultation on amendment of Inter-State Agreement on Youth Protection in the Media

IRIS 2014-5:1/15

Cristina Bachmeier

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

On 12 March 2014, the Broadcasting Commission of the Länder decided to launch an online consultation on the amendment of the Jugendmedienschutz-Staatsvertrag (Inter-State Agreement on Youth Protection in the Media - JMStV). The online platform was launched on 24 March 2014 under the overall control of the Saxony State chancellery.

The main topic of the discussion paper is the increasing importance of social platforms with user-generated content (UGC). Since, according to the JMStV, operators of private blogs with UGC are telemedia providers, they must ensure that they comply with provisions on the protection of minors. For this reason, the proposed amendments aim to raise private individuals’ level of responsibility for the distribution of UGC relevant to the protection of minors. At the same time, content providers will be offered the opportunity to use a voluntary age classification system for telemedia services. As long as they give accurate information when using such a system, they will benefit from privileged treatment and protection against prosecution for any alleged infringements.

Another subject of debate is the simplification of the age classification procedure for games and films on the Internet; the relevant authorities should improve their cooperation and use a standard classification system.

Finally, the updating of the JMStV should ensure that the financing of “jugendschutz.net” is put on a new, sustainable footing.

The public will therefore be involved in the amendment process and have until 19 May 2014 to comment on, add to and evaluate the amendments proposed by the Broadcasting Commission, as well as submit their own ideas and suggestions.

Once the consultation is concluded (in early June 2014), the State parliaments will hold their own hearings. By the end of the year, a draft inter-state agreement will be written on the basis of the consultation results.