Media, harmful to minors: Overview and legal classification
Definition and differentiation of terms
The term “media harmful to minors” refers to content whose consumption is likely to impair the development of children and adolescents or their upbringing to become responsible and socially competent individuals. In the German legal system, this topic is situated within the field of youth protection, particularly youth media protection. In addition to traditional print media, this includes all forms of digital media, such as films, video games, websites, and telemedia.
The legal definition is based on the potential endangerment of the physical, mental, or emotional well-being of minors. Classification as harmful to minors is carried out according to statutory regulations and is undertaken by various bodies and authorities.
Legal foundations
State Treaty on the Protection of Minors in the Media (JMStV)
The State Treaty on the Protection of Minors in the Media is the central legal framework for regulating media harmful to minors in Germany. The treaty regulates the protection of children and adolescents from content that is detrimental to their development and harmful to minors in electronic information and communication media.
Key provisions of the JMStV include:
- Broadcast times and access restrictions for certain content (e.g., pornographic content or content that may be potentially dangerous to the development of minors)
- Obligations for content providers to comply with age ratings
- Mechanisms for age verification and technical access restrictions
Youth Protection Act (JuSchG)
The Youth Protection Act regulates, in the area of so-called carrier media (e.g. DVDs, books, computer games), in particular
- the age rating by the Voluntary Self-Regulation of the Film Industry (FSK) or the Entertainment Software Self-Regulation (USK)
- the prohibition of distributing and making media harmful to minors publicly accessible to minors
- the indexing of carrier media that are classified as harmful to minors
Indexing of media harmful to minors
The Federal Agency for the Protection of Children and Youth in the Media (BzKJ)
The Federal Agency for the Protection of Children and Youth in the Media (until 2021: Federal Review Board for Media Harmful to Minors) is the central authority for the evaluation and indexing of content harmful to minors. Indexing results in extensive restrictions on the distribution, advertising, and accessibility of certain content.
Content that can be indexed includes, among others:
- Media containing glorification of violence or war, vigilante justice, discrimination, racism, or inhumane depictions
- Media with pornographic content
- Media that endanger the development of children and adolescents, for example by promoting antisocial behavior
Indexed media may not be publicly advertised, sold, lent, or offered on the internet to protect minors.
Indexing procedure
The indexing procedure is initiated by the BzKJ, often following reports from youth welfare offices, police, parents, or schools. The decision is made in collaboration with various commissions, taking into account freedom of opinion, art, and information. Once the procedure is concluded, the medium is entered into a public list, the ‘List of Media Harmful to Minors.’
Age ratings and access restrictions
Age ratings and labeling obligations
Age ratings apply both in the area of digital media and for analog carrier media. Content is categorized according to age groups (e.g., ‘from 6’, ‘from 12’, ‘from 16’, and ‘from 18 years’). The labeling obligation applies to producers, providers, and operators of platforms that distribute or make available content harmful to minors.
Technical protection measures
Technical measures include systems for age verification, youth protection filters, broadcast time restrictions, or area blocks on the internet. Providers are required to take appropriate measures to ensure that minors do not have access to indexed or developmentally detrimental content.
Distinction from developmentally detrimental media
Not all media that are unsuitable for children and adolescents are classified as harmful to minors. The law distinguishes between developmentally detrimental and harmful content. The former is only unsuitable for certain age groups, while the latter is considered particularly harmful and is subject to strict regulations and distribution restrictions.
Significance of international law
German youth media protection also takes into account international agreements, such as within the framework of the EU Directive on Audiovisual Media Services (AVMD Directive), which sets minimum standards for the protection of minors in the context of cross-border electronic media.
Consequences of violations of youth protection regulations
Violations of the legal requirements for handling media harmful to minors can have far-reaching consequences. Possible sanctions include fines, sales bans, and, in extreme cases, criminal consequences. Operators of media, platforms, or services are regularly required to implement comprehensive measures to comply with youth protection regulations.
Special case: Telemedia and new media forms
Digitalization and new forms of media pose additional challenges. These include streaming platforms, social networks, and online forums. The JMStV prescribes specific requirements for technical age verification, youth protection-compliant design, and the blocking of harmful content for such offerings. Enforcement of these regulations is the responsibility of the Commission for the Protection of Minors in the Media (KJM) as the supervisory authority.
Overview of relevant authorities and institutions
- Federal Agency for the Protection of Children and Youth in the Media (BzKJ): Indexing, monitoring, and education
- Voluntary Self-Regulation of the Film Industry (FSK) / Entertainment Software Self-Regulation (USK): Age ratings for films and games
- Commission for the Protection of Minors in the Media (KJM): Monitoring of youth protection in electronic media, particularly telemedia and broadcasting
Summary
Media harmful to minors are a central regulatory concern in the legal system for the protection of minors. The legal framework is diverse and includes both proactive measures (e.g., age ratings and technical access controls) and repressive tools such as indexing and sales bans. The constantly evolving media law challenges in the context of new technologies and digital forms of communication remain the subject of ongoing legislative adjustments.
Frequently Asked Questions
When is a medium considered harmful to minors in Germany?
A medium is considered harmful to minors in Germany if, according to Section 18 of the Youth Protection Act (JuSchG), it is likely to endanger the development of children or adolescents or their upbringing to become responsible and socially competent individuals. The assessment and classification are made taking into account the content, the manner of presentation, and the target group. Media are deemed particularly harmful to minors if they contain content that glorifies violence, is extremist, inhuman, discriminatory, or pornographic. The Federal Agency for the Protection of Children and Youth in the Media (BzKJ, formerly BPjM) examines and decides on the entry in the List of Media Harmful to Minors. The legal process includes an administrative procedure in which the affected manufacturers or providers are also heard and legal remedies are explained. The assessment also draws on developmental psychology and media education insights, always focusing on the well-being of the child. It should be noted that there is a distinction between absolutely and relatively harmful media – the decisive factor is not a subjective assessment, but an objective risk prognosis based on statutory requirements.
Which authorities and institutions are responsible for the legal examination of media harmful to minors?
The central authority for the examination and indexing of media harmful to minors is the Federal Agency for the Protection of Children and Youth in the Media (BzKJ). It maintains and regularly updates the so-called List of Media Harmful to Minors. In addition, the state media authorities play an important role in the area of broadcasting and telemedia; they monitor compliance with the legal regulations, especially according to the State Treaty on the Protection of Minors in the Media (JMStV). In broadcasting, the Commission for the Protection of Minors in the Media (KJM) is also responsible for legal assessment. In criminal investigations – such as for the distribution of child pornographic content – the police and public prosecutor’s office are responsible. The cooperation of these institutions is clearly regulated to ensure both effective youth protection and compliance with the rule of law.
What legal consequences are threatened for violations of youth protection in connection with media harmful to minors?
The distribution, sale, or public accessibility of indexed media harmful to minors can result in various legal consequences. The Youth Protection Act provides for fines of up to 500,000 EUR (§ 24 JuSchG) for the improper handling of indexed works. In certain cases, such as the distribution of pornographic, violence-glorifying, or inciting media, criminal consequences under the Criminal Code may also arise (e.g., § 130 StGB Incitement of the People, § 184 StGB Pornography). In addition to fines or imprisonment, media law measures such as confiscation, bans on publication, or blocking orders may be imposed. Civil law claims, for example by parents or guardians, for injunctive relief may also arise. Violation of the statutory regulations constitutes an administrative offense or, if conditions are met, a criminal offense.
How does the indexing procedure for media harmful to minors work?
The indexing procedure usually begins with an application that can be filed by youth welfare offices, supreme state authorities, recognized independent youth welfare organizations, or by any private individual. The affected rights holder or provider will be informed about the ongoing procedure and may submit comments. A committee at the BzKJ then examines the media content taking into account youth protection law, media education, and developmental psychology according to the JuSchG. The decision on the inclusion in the list of media harmful to minors is made after a hearing and disclosure of the reasons for the decision and is sent to the provider. The affected party may seek legal recourse in administrative courts against the indexing. Entry generally lasts 25 years; an extension is possible if the harmful potential persists.
Is there a legal difference between media harmful to minors and developmentally detrimental media?
Yes, German youth protection law clearly distinguishes between media harmful to minors and developmentally detrimental media. While content harmful to minors poses a high risk potential and is usually indexed, developmentally detrimental media are those that do not lead to indexing but must be appropriately labeled for certain age groups (e.g., age ratings FSK/USK). Legally, developmentally detrimental content is classified in accordance with § 12 JuSchG in rating systems, whereas content harmful to minors is placed on a list under § 18 JuSchG and subject to special distribution and advertising restrictions. The legal consequences therefore differ significantly in terms of accessibility, advertising, and presentation in public.
What legal regulations apply to the distribution of media harmful to minors on the Internet?
The distribution of media harmful to minors on the internet is subject to the State Treaty on the Protection of Minors in the Media (JMStV) and the Youth Protection Act in Germany. Providers are required to take technical and organizational measures to prevent children and adolescents from accessing indexed content. This includes age verification systems, time restrictions, or filtering mechanisms. There is also a ban on advertising and presenting media harmful to minors (§ 4 JMStV, § 18 JuSchG), so this content may not be advertised in an appealing or conspicuous way. Violations may result in regulatory actions by the KJM, fines, and in the case of repeated offenses, criminal consequences. In certain circumstances, hosting and access providers may also be required to block or remove such content.
Under what circumstances can an indexing be lifted?
An indexing that has been imposed may be reviewed and lifted, either automatically or upon application, after a period of 25 years if the characteristics harmful to minors are no longer present. Lifting is also possible before this period expires if new findings or societal developments refute the risk prognosis. An application for removal can be submitted to the BzKJ by affected rights holders. In the procedure, it is examined whether there is still an acute risk for young people. The lifting will be publicly announced, and the medium will again be subject to general statutory provisions for media content from that point onward. Appeals against BzKJ decisions are possible via the administrative courts.
