Youth media protection treaty

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Basic data
Title: State treaty on the protection of human dignity and the protection of minors in broadcasting and telemedia
Short title: Youth media protection treaty
Abbreviation: JMStV
Type: state contract
Scope:
Legal matter: Media law
Issued on: September 10, 2002
Entry into force on: April 1, 2003
Last change by: Art. 5 Nineteenth State Treaty Amending Broadcasting
Effective date of the
last change: 		October 1, 2016
Please note the note on the applicable legal version.

The State Treaty on the Protection of Human Dignity and the Protection of Young People in Broadcasting and Telemedia (in short: Youth Media Protection State Treaty or JMStV) is a state treaty between all German federal states . It contains follow-up regulations to youth media protection provisions that were previously contained in the State Treaty on Broadcasting and the State Treaty on Media Services .

Regulatory areas

The JMStV aims to provide uniform protection for children and young people from broadcasts and telemedia that impair or endanger their development or upbringing, as well as to protect both children and young people and adults from broadcasts and telemedia offers that affect human dignity or violate other legal interests protected by the criminal code (cf. §§ 1, 2 paragraph 1 JMStV). Thus, it covers the protection of minors in the media not covered by the Youth Protection Act , which contains relevant regulations for carrier media (i.e. broadcasting and telemedia) and goes well beyond the protection of minors with regard to the protection of human dignity and the protection of legal interests protected by criminal law. The State Treaty on the Protection of Young People in the Media follows the idea of ​​self-regulation by the media and is therefore aimed at the German operators of websites. This means that it only covers approx. 10% of the pages available in Germany.

The main contents of the JMStV include:

  • Regulations on inadmissible offers (§ 4 JMStV)
  • Regulations on offers that impair development (§ 5 JMStV)
  • Protection of minors in advertising and teleshopping (§ 6 JMStV)
  • Youth protection officer (§ 7 JMStV)
  • Determination of the broadcasting time, program announcements and identification of broadcasts on the radio (§§ 8 ff. JMStV)
  • Youth protection programs and labeling obligations for telemedia (§§ 11 f. JMStV)
  • Blocking orders (Section 20 (4) JMStV in conjunction with Section 59 (4) RStV)

Compliance with the JMStV is checked by the responsible state media authority or by the Commission for Youth Media Protection (cf. §§ 14 ff. JMStV). She is supported by the company jugendschutz.net (cf. § 18 JMStV). In addition, recognized voluntary self-regulation institutions (e.g. the FSM ) check compliance with the international treaty provisions (cf. § 19 JMStV).

To enforce the provisions of the JMStV, the state media authorities / the KJM have administrative measures (§ 20 JMStV) and the imposition of fines of up to 500,000 euros (§ 24 JMStV) at their disposal. As a rule, they can only use the means of coercion if providers refuse voluntary self-regulation or if a voluntary self-regulation facility involved has exceeded its scope of assessment (Section 20 (3) or (5) JMStV).

Failed amendment in 2010

In the course of the planned 14th State Treaty on Broadcasting, the Prime Ministers decided on June 10, 2010 to amend the JMStV. The amending law, which should come into force on January 1, 2011, was controversial. At the heart of the debate was the planned introduction of age ratings for content on the Internet, which opponents considered impractical and created legal uncertainty. Proponents of age labeling, on the other hand, saw the new regulation as a welcome strengthening of the principle of regulated self-regulation through self-classification and a more practicable mechanism for online providers than airtime restrictions and youth protection programs.

One of the main points of criticism was that the proposed amendment to the State Treaty on the Protection of Minors in the Media did not strengthen the protection of minors . The critics complained that an unsuitable attempt had been made to transfer the established rules for film and television to the Internet. Among other things, the new contract provided for site operators to be able to assess for which age group their offers should be suitable and to mark their offers accordingly. Every website operator, including members of parliament, sports clubs, school and daily newspapers and private bloggers, would have felt the effects. In the opinion of many lawyers, if such a label were even accidentally incorrect, there was a risk of a considerable wave of warnings from competitors or associations.

According to the current youth media protection state treaty, all website operators must assess their content and, if necessary, take the measures mentioned in Section 5 (3) in conjunction with Section 11 JMStV. The age rating would only have been an additional means here. The age classification of websites is on a volunteer basis, for this purpose pages such as that of the Voluntary Self-Monitoring Multimedia (FSM) are used . The system is not suitable for FSK 18 content , as a closed user group (AVS) must still be set up to distribute the content in accordance with Section 4 (2) sentence 2 JMStV. The draft did not provide for an obligation to label without alternative, as postulated by some critics.

However, u. a. the information lawyer Thomas Hoeren pointed out serious technical defects and the lawyer Udo Vetter summed up: "The planned label system in connection with standardized and thus centrally controllable filter software is undoubtedly a solid foundation for a later censorship infrastructure" . But he classified the consequences for the practical jurisprudence with regard to blogs as manageable. Other lawyers disagree and see consequences in practice, according to Stefan Engeln and Thomas Stadler.

On December 15, 2010, the red-green government coalition of North Rhine-Westphalia announced that it would vote against the planned amendment to the JMStV after the opposition had spoken out against it and the parliamentary majority was questionable. Thereupon the vote of the Schleswig-Holstein state parliament on the contract was taken off the agenda. The North Rhine-Westphalian state parliament voted unanimously on December 16, 2010 against the amendment to the JMStV. The amendment to the JMStV is therefore irrelevant and must be renegotiated. The State Treaty on Youth Media Protection, which has existed since 2003, remains in force until the new regulation.

Amendment 2015

After a long struggle, the prime ministers of the federal states and (ruling) mayors of the city-states signed the 19th State Treaty on Broadcasting from December 3rd to 7th, 2015, Article 5 of which led to a moderate amendment of the JMStV. After ratification by the state parliaments, the changes came into force on October 1, 2016.

literature

Web links

Individual evidence

  1. ↑ For the history of the JMStV, see z. B. Wolfgang Schulz, Thorsten Held, in: Werner Hahn, Thomas Vesting: Beck's comment on broadcasting law . 3rd edition, Munich 2012, § 1 JMStV marginal no. 4 ff. Mw
  2. ↑ Expert opinion: Blocking orders on the Internet, Prof. Dr. Dr. hc Ulrich Sieber and Assessor Malaika Nolde, LL.M., Max Planck Institute for Foreign and International Criminal Law, April 2008, pp. 93ff.
  3. ↑ heise.de: "Prime Ministers adopt State Treaty on Youth Media Protection" of June 10, 2010. Access: November 30, 2010.
  4. ↑ Zeit.de: "Greens in the eye of the Internet hurricane" from November 30, 2010. Access: November 30, 2010.
  5. ↑ taz.de: FSK 18 for tweets? of June 11, 2010. Accessed: November 30, 2010.
  6. ↑ Blog for digital gaming culture: "Paradigm shift in the protection of minors - State treaty for the protection of minors in the media enables self-classification" ( Memento of the original dated December 15, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. of December 2, 2010. Accessed: February 20, 2011. @1@ 2Template: Webachiv / IABot / spielkultur.ea.de
  7. ↑ Online.Spiele.Recht: JMStV reform failed - a setback for online youth protection from December 16, 2010. Access: February 20, 2011.
  8. ↑ AK-Zensur, Statement (PDF; 387 kB) accessed on December 16, 2010
  9. ^ Spiegel - Weltfremder Staatsvertrag , accessed on December 16, 2010.
  10. ↑ "Germany. We can do everything. Except the Internet" ( Memento of the original from May 27, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. . heute.de. Retrieved December 7, 2010.  @1@ 2Template: Webachiv / IABot / www.heute.de
  11. ^ AK-Zensur, open letter to the NRW-SPD, accessed on December 16, 2010
  12. ↑ Age classification. Retrieved March 6, 2017 .
  13. ↑ Robert Basic: "JMStV: dont panic, bloggers don't need age numbers" from December 1, 2010. Accessed: February 20, 2011.
  14. ↑ blog.beck.de: "State youth media contract and age approval on the Internet" by Thomas Hoeren on November 30, 2010. Access: November 30, 2010.
  15. ↑ lawblog.de: "Bloggers can be fairly relaxed" by Udo Vetter on December 1, 2010. Access: December 1, 2010.
  16. ↑ "Points victory for the porn industry" by Udo Vetter at The European on December 13, 2010. Access: December 16, 2010.
  17. ↑ Stefan Engeln: JMStV, Blogger and the casual assessments on December 1, 2010. Access: December 4, 2010.
  18. ↑ Thomas Stadler: My blog stays online (2nd update) on December 1, 2010. Access: December 4, 2010.
  19. ↑ Youth Media Protection State Treaty apparently before the end. (No longer available online.) In: Augsburger Allgemeine . December 15, 2010, archived from the original on December 18, 2010 ; Retrieved December 15, 2010 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.augsburger-allgemeine.de
  20. ↑ ftd.de: NRW tips youth protection on the Internet ( memento from December 16, 2010 in the Internet Archive ), December 15, 2010
  21. ^ Press ticker SH-Landtag: FDP and CDU parliamentary groups remove the youth media protection treaty from the agenda , December 15, 2010
  22. ^ Netzpolitik.org: "Youth Media Protection State Treaty in NRW unanimously rejected", accessed on December 16, 2010
  23. ↑ For details see Kristina Hopf, The amended youth media protection state contract - what is changing ?, K&R 2016, 784 ff .; Philipp Sümmermann, The amendment of the State Treaty on the Protection of Young People in the Media, AfP 2016, 388 ff.