KJM: Kommision für Jugendmedienschutz der Landesmedienanstalten

The Interstate Treaty on the protection of minors (Jugendmedienschutz-Staatsvertrag - JMStV) entered into force on 1 April 2003. With media content becoming increasingly interchangeable regarding technical platforms and forms of presentation, it was deemed appropriate to underpin the protection of minors with consistent legislation covering broadcasting and telemedia services overall. In the interest of the consistent application of the legislation, the Commission for the Protection of Minors in the Media (Kommission für Jugendmedienschutz - KJM) was established as a body of the state media authorities with decision-making power for all of Germany. The KJM as the body in charge of media regulation maintains an exchange of experience with the respective bodies of the public-sector broadcasting corporations.

The JMStV also promotes organisations of regulated self-regulation set up by the providers. Certified organisations of regulated self-regulation are granted some discretionary power which allows for revision by media regulation to a very limited extent only. The provisions of the JMStV accomplish a balance between the requirements for the effective protection of minors in the media as a fundamental legal good which is protected under the German Constitution requiring the state to safeguard it, and the fundamental freedoms of providers and users which the Constitution guarantees in equal measure. Based on the concept of regulated self-regulation, providers now have the option to have compliance with the provision for the protection of minors assessed by organisations of self-regulation to a large extent. However, the responsibility of the state is maintained in particular by way of an assessment of the suitability of organisations of voluntary self-regulation prior to their certification; certification by the KJM is regularly reviewed. 

This concept is based on the organisations of voluntary self-regulation performing their tasks under their own responsibility, thus benefiting from the advantages of self-regulation. The organisations of regulated self-regulation do, however, have to pay due regard to the statutes and guidelines enacted by the KJM. Where self-regulation fails to effect the protection of minors, the certification granted to an organisation of regulated self-regulation can be revoked. 

The JMStV comprises both substantive provisions for providers of broadcast or telemedia content and provisions for and the supervision of the self-regulatory organisations. The activities of certified organisations of voluntary self-regulation correspondingly limit the scope for control and sanctions which the state media authorities and the KJM can exert vis-à-vis providers. The KJM performs the important task of continually reviewing whether the system of regulated self-regulation in place is adequate. Furthermore, the Interstate Treaty also contains provisions on the protection of children and adolescents with a view to advertising and the requirement to nominate an appointee for the protection of minors under certain conditions. 

"jugendschutz.net", the organisation set up by the supreme state youth authorities as a control body, was retained and organisationally linked to the KJM; it now provides support and advice to the KJM while continuing its tasks as before.

The Treaty advances the regulatory framework which is applicable for both commercial providers and for public-sector broadcasting. The provisions regarding the system of control, the supervision by the KJM and the implementation and prosecution of infringements are, however, restricted in validity to private providers only.

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