Concept and status of the Federal Review Board in German law
Die Federal Review Board is a central federal authority that plays a key role in youth media protection. The primary function of the Federal Review Board is to review and, if necessary, index media content that may endanger young people. It is an independent, non-incorporated federal upper authority within the portfolio of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. The main legal basis of the Federal Review Board is the Act on the Dissemination of Media Harmful to Young Persons (GjSM, formerly: Act for Harmful Writings to the Young – GjS), which today continues as the Interstate Treaty on the Protection of Minors in the Media (JMStV) und Youth Protection Act (JuSchG) continues to apply.
Duties and powers
Indexing of media harmful to young persons
The Federal Review Board is particularly responsible for placing media content that is likely to endanger the development of children or young people, or their upbringing into responsible and socially responsible personalities, upon application or ex officio, on a list of media harmful to minors (indexing).
Its tasks include the examination of various types of media, including:
- Physical media (such as films, music media, books, magazines)
- Electronic media (e.g., internet offerings, streaming content)
Types of indexing
The Federal Review Board can make the following decisions in each case:
- Indexing with publication of the decision in the official listing (so-called ‘Federal Review Board List’)
- Partial indexing (e.g., only certain issues or versions)
- Removal of already indexed media after the end of the risk or expiry of time
In all cases, it is examined whether there is a danger to young people within the meaning of the statutory provisions.
Application and administrative procedure
An indexing procedure may be initiated upon application by a competent authority, a state body, or upon application by a recognized independent youth welfare organization; self-application by individuals is not provided for. During the procedure, the affected rights holder (such as publishers or producers) will be heard and requested to comment professionally.
The decision is made by a panel composed of members from various social groups as well as a chairperson. The procedures are generally not public. The corresponding decision is published in the Federal Gazette.
Legal consequences of indexing
Indexing is associated with far-reaching legal consequences. The affected media are subject to strict distribution and advertising restrictions under the Youth Protection Act:
- Advertising ban in public and in media
- Prohibition of distribution to children and young people (§ 15 JuSchG)
- Display and distribution bans for indexed physical media
- Restriction of the offering, including online
Indexing does not amount to a comprehensive ban, but rather to placement on the so-called “List of Media Harmful to Young Persons,” which entails significant restrictions for trade and advertising.
Legal bases
Youth Protection Act (JuSchG)
The key substantive legal provisions for the Federal Review Board are currently derived from §§ 17 to 21 JuSchG. These clearly and conclusively regulate the composition, responsibilities, and procedures of the Federal Review Board. It sets forth the criteria by which media may be classified as harmful to young persons and the manner in which the indexing procedure must be conducted.
Interstate Treaty on the Protection of Minors in the Media (JMStV)
The JMStV publicly regulates the protection of young persons, including in relation to electronic media. This extends the jurisdiction of the Federal Review Board not only to traditional physical media, but explicitly to electronic media as well. Within the framework of the Federal Review Board, content across all media types is reviewed for potential threats to minors.
Other relevant regulations
It is also necessary to mention the Administrative Procedure Act (VwVfG) for conducting administrative proceedings as well as corresponding provisions of administrative law relating to legal remedies and judicial review of decisions.
Organization and procedure
Composition of the board
The Federal Review Board consists of a chairperson, assessors, and representatives of various societal groups. The composition ensures that different social and governmental interests are considered in the proceedings. For individual indexing procedures, appropriate expert assessors are called in depending on the media category.
Course of an indexing procedure
The procedure begins with receipt of a permissible application. This is followed by:
- Review and analysis of the contested medium
- Initiation of a hearing procedure with the rights holder
- Convening of the board for decision-making
- Decision and indexing
- Announcement and inclusion in the list
The lists are regularly maintained, updated, and partially published.
Legal remedies
Administrative legal recourse is available against a decision of the Federal Review Board. Affected rights holders may file an objection within one month and, after unsuccessful remedial action, may bring an action before an administrative court. Judicial reviews concern both the procedure and the substantive assessment of the danger to young persons.
Distinction from other institutions
The Federal Review Board is to be distinguished from the state media authorities, which are responsible for television content and online services in the respective federal state. While the Federal Review Board maintains central lists and is mainly responsible for indexing under the Youth Protection Act, the state media authorities are responsible for monitoring and enforcing the JMStV for broadcasting and electronic media providers.
Significance and criticism
The Federal Review Board plays a key role in the German youth protection system. The practice of indexing is regularly a subject of public debate—especially in the tension between protection of minors in the media, artistic and freedom of expression, as well as changes brought about by digitalization and new media offerings.
In practice, it turns out that the legal framework must continually be adapted to new technical developments. The Federal Review Board remains the central authority for official indexing decisions and their supervision.
Literature
- Youth Protection Act (JuSchG)
- Interstate Treaty on the Protection of Minors in the Media (JMStV)
- Administrative Procedure Act (VwVfG)
- Legal commentaries and handbooks on youth media protection in Germany
This article provides a comprehensive, detailed, and legally sound overview of the concept of the Federal Review Board and its significance within German youth protection law.
Frequently Asked Questions
How does the indexing procedure of the Federal Review Board work?
The procedure for indexing by the Federal Review Board for Media Harmful to Young Persons (BPjM) usually begins with an indexing application, which may be submitted by certain eligible applicants (§ 21(1) JuSchG) such as the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, top state youth authorities, or recognized welfare organizations. As soon as an application is received or the authority acts ex officio, a panel of twelve members (full or restricted committee) examines, based on the relevant laws, particularly the Youth Protection Act (JuSchG), whether a medium is harmful to young persons within the meaning of the law. Affected parties (e.g., manufacturers or publishers of the medium) are heard before a decision is made and can submit comments. The procedure is governed by administrative procedural principles but has special features such as exclusion of the public (§ 26 JuSchG) and partial anonymization in the process. If the BPjM determines that the medium is harmful to young persons, it is included in the list of media harmful to young persons (indexed), which triggers a number of legal consequences, including specific distribution and advertising restrictions.
What legal remedies are available against a decision of the Federal Review Board?
Decisions of the Federal Review Board are administrative acts and can be challenged in administrative proceedings in accordance with § 22(4) JuSchG. Parties affected, usually the manufacturers, distributors, or authors of the respective medium, may file an objection within one month after receipt of the indexing notice. If the objection is not remedied, an action may be brought before the administrative court. In urgent cases, the ordering of a suspensive effect is possible under § 80(5) VwGO. After exhaustion of administrative remedies, the highest and only judicial instance is generally the Federal Administrative Court, since the Federal Review Board is a federal upper authority. Within the proceedings, the court examines in particular the legality of the indexing procedure, the assessment of the threat to minors, and the fulfillment of procedural guarantees.
Which legal bases determine the activities of the Federal Review Board?
The key legal bases for the work of the BPjM are the Youth Protection Act (JuSchG), in particular §§ 18 ff., as well as, supplementarily, the General Administrative Procedure Act (VwVfG) and various administrative regulations. Of particular importance are the definitions of media harmful to young persons (§ 18 JuSchG), the procedure for indexing (§§ 21, 22 JuSchG), as well as subsequent restrictions on dealing with indexed media (§§ 24 ff. JuSchG). Other relevant legal provisions are found in the Criminal Code (e.g., concerning incitement of the people or unlawful depictions of violence), in the Basic Law (particularly Articles 2, 5, and 12 GG regarding general freedom of action, freedom of expression, and freedom of occupation), as well as in the Telemedia Act for digital offerings.
Who are the members of the Federal Review Board and how are they appointed?
The members of the BPjM consist of a permanent chair and twelve assessors who are appointed in accordance with § 20 JuSchG. Appointment is made by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. Members are selected on the basis of their expertise in youth protection, pedagogy, sociology, psychology, journalism, as well as legal qualifications. Representatives of the state youth authorities and recognized independent youth welfare organizations must also be involved. The composition should ensure that all relevant disciplines are appropriately represented. The law also provides for representation of public and church interests as well as individuals with media competence.
What legal consequences result from indexing?
Indexing entails extensive distribution and advertising restrictions in accordance with §§ 24-27 JuSchG: Indexed media may not be publicly advertised, displayed, offered, sold to minors, or otherwise made accessible to them. Mail order and online provision are particularly regulated. Violations of these prohibitions are administrative offenses or are subject to criminal sanctions. For online media, further sanctions may be imposed by the Commission for the Protection of Minors in the Media (KJM). Inclusion in the list of media harmful to young persons is also published in writing and digitally, making the affected works recognizably restricted for trade and the public.
What is the relationship of the Federal Review Board to other authorities?
The BPjM is an independent federal upper authority within the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (§ 18 JuSchG). It cooperates in specific cases with other bodies, such as youth welfare offices, police, public prosecutors, and the Commission for the Protection of Minors in the Media (KJM). The latter is mainly responsible for electronic media. There are overlaps and delineations with the KJM and the state media authorities concerning media that relate to broadcasting. However, the BPjM is not a censorship authority as defined by the Basic Law but rather an institution for the protection of minors.
To what extent does indexing apply to digital and international media?
The legal requirements of the JuSchG apply regardless of the method of distribution, i.e., to both analog and digital media. This includes print products, sound recordings, videos, computer games, and online media. However, German youth protection law is only enforced to the extent that media are accessible or distributed domestically (§ 3 JuSchG, principle of territoriality). The BPjM can therefore take action against domestic providers. For foreign media providers, cooperation with international organizations and authorities takes place; nonetheless, the measures are in practice limited to the German legal area. On the Internet, indexing by the BPjM can be supplemented by additional measures, for example, network blocking or deletion of content in cooperation with the KJM or platform operators.
