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At its meeting on 19 February 2008, the Kommission für Jugendmedienschutz der Landesmedienanstalten (Commission for Protection of Youth in the Media - KJM) demanded that a fine of EUR 100,000 be imposed upon RTL's TV programme "Deutschland sucht den Superstar" ("DSDS") because of repeated infringements of youth protection rules in accordance with Art. 16 no. 8 in connection with Art. 24 para. 3 of the Jugendmedienschutz-Staatsvertrags (Inter-State Agreement on Protection of Youth in the Media - JMStV; see IRIS 2002-9: 15) in connection with Articles 35 ff. of the Gesetz über Ordnungswidrigkeiten...

Following a decision in June 2007 by the British Board of Film Classification not to give it a certificate (see IRIS 2007-7: 14), the videogame Manhunt 2, made by Rockstar Games for PS2 and Nintendo Wii consoles, could not be legally supplied within the United Kingdom. A revised version has also been refused a certificate. The BBFC’s main rationale was that the game depicted unremitting violence towards humans. However, as was pointed out in an article in the Times newspaper, there has been no difficulty in purchasing a copy online. On 10 December 2007, the BBFC’s decision was overturned by a decision...

Following its decision on principle of 13 June 2007 in the case of the novel “Esra” (see IRIS 2007-10: 8), the Federal Constitutional Court again expressed an opinion on 12 December 2008 on the relationship between personality rights and artistic freedom, but this time ruled that personality rights had not been violated in either of the cases concerned. In one case, the complainant had filed a complaint against the performance of the play “Ehrensache” (“A Matter of Honour”, the plot of which is based on the events surrounding the killing of the complainant’s 14-year-old daughter) known as the “Hagen...

Against the background of a procedure for a preliminary ruling requested by the Koblenz District Court (see IRIS 2006-9: 5), the Court of Justice of the European Communities (ECJ) has decided that Article 28 of the EC Treaty does not stand in the way of domestic provisions that prohibit the sale and delivery of picture storage media that have not been examined and classified for youth protection purposes by the relevant body. However, this does not apply when the legal procedure for examining, classifying and labelling picture storage media is difficult to access, or is not concluded within a reasonable...

On 20 February 2008 the Committee of Ministers of the Council of Europe adopted a Declaration on protecting the dignity, security and privacy of children on the Internet. This Declaration focuses on the content that children can create about themselves on the Internet, including all forms of traces that they can leave online (logs, records and processing). "We are determined to ensure that our children can use the Internet safely, and that the Internet cannot be used against them", said Maud de Boer-Buquicchio, Deputy Secretary General of the Council of Europe. The Committee is aware that children...