Protection of Minors in Telemedia

Control procedures

The control procedure of content in telemedia which has a bearing on the protection of minors takes several steps:

Establishing whether content breaches the provisions for the protection of minors

Content distributed in telemedia services is monitored by jugendschutz.net and the competent media authority with a view to the provisions for the protection of minors. Any content considered problematic is forwarded to the KJM for analysis and assessment.

The KJM analyses and assesses

The examining boards of the KJM deal with the individual cases as regards potential infringements of the provisions of the JMStV. The boards each consist of a director of a state media authority, a representative of the supreme youth authorities of the states and a representative of the supreme youth authority of Federal government.

As regards telemedia, the KJM examining boards in particular conduct a detailed analysis of the content in question and decide how to prosecute and to fine administrative offences if the provisions have been breached. The boards also deal with applications for listing content. The chairman comments on internet content on behalf of the KJM which the Federal Department for Media Harmful to Young Persons (BPjM) recommends to be included in the list of indexed content.

The decisions taken by the KJM examining boards are usually prepared by examining groups in meetings in which they analyse the content in question for any problems concerning the protection of minors and draw up recommendations for the decisions to be taken.

Sanctions 

In the event of a breach of the provisions of the JMStV, the KJM decides on the sanctions to be imposed against the respective telemedia content provider. The measures will depend on the severity of the breach; this can range from an impairment of development to illegal actions.

Infringements of the provisions for the protection of minors can be sanctioned in the following ways:

  • Complaint against content provider
  • Prohibition against content provider
  • Blocking requirement against host provider or access provider
  • Blocking against host provider or access provider
  • Administrative offence procedure: start of fining procedure
  • Criminal offence: issue is handed over to the State Prosecutor

The measures are implemented by the media authority in charge of the respective provider.