Protection of minors in the media

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Protection of minors in the media is the generic term for protecting children and adolescents from harmful influences from the media .

Protection of minors in the media in Germany

Legal basis

The legal basis of youth media protection can be found in Germany in particular in the Youth Protection Act (JuSchG) and in the State Treaty on Youth Media Protection (JMStV). In addition, a number of distribution bans in the Criminal Code (StGB) affect youth media protection.

Significance of the Youth Protection Act in the context of youth media protection

The regulations on youth media protection in the JuSchG only concern so-called carrier media , i.e. tangible media such as books, magazines, film rolls, video cassettes, CD-ROMs or DVDs.

Significance of the State Treaty on Youth Media Protection in the context of youth media protection

In the JMStV agreed by the federal states, there are regulations on the media that fall under the jurisdiction of the federal states, namely broadcasting and telemedia . These include in particular radio and TV (broadcast media) as well as the Internet with its services (telemedia).

StGB provisions to be observed in the context of youth media protection

Legally relevant institutions for youth media protection

In the Federal Republic of Germany there are a number of public institutions that deal with youth media protection on the basis of youth protection law:

The Federal Testing Agency for Media Harmful to Young People is an independent higher federal authority with its own budget. It is subordinate to the Federal Ministry for Family, Seniors, Women and Youth (BMFSFJ). Their legal basis can be found in the Youth Protection Act (JuSchG). It can include ( index ) writings, sound and image carriers and websites in the list of writings that are harmful to minors, whereby certain sales and distribution restrictions for these media come into force so that they cannot be made accessible to children or young people (§§ 17 - 25 JuSchG).

The legislature has delegated supervision of private broadcasting and telemedia to the Commission for the Protection of Young People in the Media (KJM); the legal framework on which its activities are based is the State Treaty on the Protection of Human Dignity and the Protection of Young People in Broadcasting and Telemedia ( State Treaty on Youth Media Protection - JMStV) . The KJM is an organ of the state media authorities, which means that it examines appropriate measures. However, these measures are carried out by the state media authorities (§§ 14 - 17 JMStV).

The company jugendschutz.net is organizationally connected to the Commission for Youth Media Protection (KJM) and supports it with internet supervision.

As part of the concept of voluntary self-regulation, various voluntary self-regulation institutions, which are run or supported by business associations, are responsible for checking compliance with the protection of minors in the media. For broadcasting and telemedia (Internet), the KJM accepts the approval of a corresponding institution (§ 19 JMStV). In the area of ​​application of the JuSchG, i.e. in relation to films and computer games , recognition is directly incumbent on the highest state youth authorities (Section 14 JuSchG). In the area of ​​youth media protection, public broadcasting is subject to a multi-level control system, in particular its internal pluralism anchored in society as a whole by the broadcasting and television councils .

Institutions for voluntary self-regulation are for example:

Discussion paper on the amendment of the State Treaty on Youth Media Protection

On March 12, 2014, the State Broadcasting Commission decided to amend the State Treaty on Youth Media Protection. To this end, citizens are to be involved in the design process as part of an online consultation.

Protection of minors in the media in the European Union

In April 2009, within the Safer Internet Action Plan ( Safer Internet Program ) of the European Commission , a meeting of the round table ("Youth Protection Roundtable"), which should represent the attempt to find a common language between the generations , welfare workers and technicians , eight guiding principles for improving youth media protection and a non-binding toolkit .

In a resolution of 28 September 2009, the Parliamentary Assembly of the Council of Europe (PACE) recommends that its member states promote a child-friendly Internet that extends social and cultural horizons across traditional geographical boundaries, with Internet and online media services appropriate for minors. These included, for example, greater legal responsibility of Internet access providers for illegal content in another Additional Protocol to the Convention on Cyber-crime ( Convention on Cybercrime could be set), the development of safe and limited in tra nets (so-called " gated communities ") and support for these goals at the Internet Governance Forum and the European Dialogue on Internet Governance .

Pedagogical aspects of youth media protection

In addition to the legal framework, the promotion of media skills is of particular importance in the context of youth media protection . A nationwide initiative that has been helping parents to strengthen their children in dealing with the media since 2003 is " Look! What your child does with media", a media guide for families from the Federal Ministry for Family, Seniors, Women and Youth and other partners.

literature

  • Roland Bornemann / Murad Erdemir (eds.): Nomos Commentary Youth Media Protection State Treaty . 1st edition 2017. Nomos Verlag, Baden-Baden. ISBN 978-3-8329-6198-5
  • Roland Bornemann: Administrative offenses in radio and telemedia . 6th edition 2017. Springer Verlag, Heidelberg. ISBN 978-3-662-54477-8 (e-book) ISBN 978-3-662-54476-1 (hardcover)
  • Sandra Eifler: The system of youth media protection in the Youth Protection Act and Youth Media Protection State Treaty , JurPC Web-Doc. 40/2011 [1]
  • Anja Ohmer: Dangerous Books? - Contemporary literature in the field of tension between art and censorship . Nomos-Verlag, Baden-Baden 2000.
  • The Berkman Center for Internet & Society: Enhancing Child Safety and Online Technologies . Internet Safety Technical Task Force - Multi-State Working Group on Social Networking. (Meta study). January 14, 2009.

Web links

Individual evidence

  1. ↑ Dialog portal for the amendment of the protection of minors in the media ( memento of March 24, 2014 in the web archive archive.today )
  2. ↑ European Commission: Safer Internet Program: the main framework for European policy
  3. ↑ "Youth Protection Roundtable": YPRT Toolkit . (PDF file; 4.5 MB) Retrieved April 3, 2009.
  4. ↑ heise-online: Filter software and media competence should strengthen the protection of minors . April 3, 2009.
  5. ^ Convention on Cybercrime . Budapest November 23, 2001.
  6. ^ PACE - Doc. 11924 (2009) - The promotion of Internet and online media services appropriate for minors. Retrieved November 5, 2018 .
This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.