Review Procedures

Individual examinations and possible breaches of provisions of the JMStV are dealt with by KJM review committees. The committees comprise a director of a state media authority, one member appointed by the Supreme Youth Protection Authorities of the Federal States (OLJB) and one member appointed by the federal government.

The KJM review committees are specifically responsible for reviewing individual offerings, including the required decision-making about any prosecution and punishment of regulatory offences. Where telemedia are concerned, the tasks of the KJM review committees also include the indexing applications. The chairman issues statements regarding websites where the KJM recommends indexing by the Commission for the Protection of Minors in the Media  (BPjM).

Preparations for decision-making by the KJM review committees are made in review groups: they assess the contents with respect to any problems relating to the protection of minors and submit recommendations for decision-making.

Sanctions  

In the event of breaches against provisions of the JMStV, the KJM makes decisions about the sanctions to be taken against the provider. The measures to be taken depend on the seriousness of the breach, which can range from impairment of development to inadmissibility.

Generally, the following sanctions represent the options available in cases of breaches of provisions relating to the protection of minors:

• Regulatory breach procedure: initiation of a fine procedure

• Offence: case handed over to the public prosecutor

• Transmission time restriction(broadcasting)

• Transmission prohibition (broadcasting)

• Complaint against content provider (telemedia)

• Prohibition notice issued to content provider (telemedia)

• Call for blocking of host provider or access provider (telemedia)

• Blocking of host provider or access provider (telemedia)

The respective Media Authority is ultimately responsible for enforcing these measures.