Young & Free
Young and free (also young and free written) was one of the so-called nude - magazines that deal with children and young people busy and free display cases in Germany for years at kiosks and in newsagents and sold. The magazine contained numerous photos of naked children and adolescents, plus texts on the nudist area, with the images taking up the greater part of the space. In 1996, the magazine was indexed by the Federal Inspectorate for Writings Harmful to Young People (BPjS, today Federal Inspectorate for Media Harmful to Young People , BPjM) .
description
Jung & Frei was published monthly from July 1987 to at least January 1997 by the London publisher Peenhill Ltd. who also publishes the internationally known journal Health & Efficiency . According to the legal notice, Sarah and Stephan Schneider were responsible for the texts. The contact address for readers and subscribers was given as MM publishing support with a PO box in Freising. The purchase price of the magazine, which is available in the entire German-speaking area, was DM / SFR 11.50 / ÖS 90.00 in January 1993 and DM / SFR 14.80 / ÖS 120.00 in January 1997. The cover of the A4 format booklet had a total of 64 pages, of which around 40 were printed in color and the rest in black and white. From September 1996 the magazine was colored throughout.
The main part of the surface consisted of pictures as described above, in the middle of each was a large colored, double-sided picture. These included simple short stories, social topics, simple travel information and travel reports, game suggestions, letters to the editor or reports from the “nudist area”.
There was a French sister edition called Jeunes & Naturels (also written Jeunes et Naturels ), which was at least identical in terms of the images.
Indexing in Germany
As early as 1986, the then Federal Testing Office for writings harmful to minors applied for and rejected indexing. After renewed applications by youth welfare offices , another examination took place in 1992. At the same time, the procedure that led to the so-called Mutzenbacher decision of the Federal Constitutional Court took place. Since the BPjS had already been unsuccessful in the first instance before the Cologne Administrative Court , it obtained an expert opinion from Horst Scarbath . He came to the conclusion that Jung und Frei and Sonnenfreunde special issues, despite the emphasis on the genital area and the choice of appropriate camera perspectives, are not socio-ethically disorienting or child pornography . Only nudism would be shown. The indexing was therefore rejected again. Due to increasing public pressure, it was re-examined in 1996. After a detailed analysis of the illustrations in the booklets, the examination board came to the conclusion that there was no representation of nudism. Rather, children and adolescents would be degraded to sexual objects of display. The protection of minors also includes protection against sexual assault by pedophiles , to which these booklets would encourage. The freedom of art would not stand in the way, since according to the jurisprudence - contrary to Scarbath's assumption - it is not about art. It was therefore indexed. As a result, the publication was discontinued a few months later.
In 2002 there was considerable criticism of eBay in Germany, as Jung and Frei were also sold on this Internet platform. In response, E-Bay withdrew corresponding offers in Germany from its program.
Location outside of Germany
In contrast to Germany, there is no such thing as indexing known from other countries. The magazines continued to be sold freely in Switzerland and Austria until they were discontinued. A court ruling from the year 2000 is known from the USA, which was set in motion by the confiscation of imported magazines by customs and which, in the second instance, allowed the possession and distribution of these magazines in the USA. The court found the content not as obscene or pornographic, but as normal naturist representations, as they appear in other magazines. In addition, the focus was not seen exclusively on the youthful body, but in particular on youthful leisure activities in a nudist context. The magazines fall under the First Amendment , the right to freedom of expression, and are of political value according to the court because they promote the freedom and attitudes of the nudist movement.
literature
- Federal testing agency for writings harmful to young people (ed.): New media, new dangers ?! Böhlau, Cologne a. a. 1998; therein Reiner Laschet: Child pornography. Origin, distribution and control strategies. A current inventory from a criminal police point of view. Pp. 79-86, especially pp. 84 f .; Federal inspection agency : Decision on so-called FKK booklets (“Jung und Frei” nos. 107, 108 and 109), pp. 87-108, ISBN 3-412-06497-1 .
Individual evidence
- ↑ Wilfried Schneider, Development of the Spruchpraxis… ( Memento of the original from October 6, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 47 kB), lecture given at the annual conference of the Federal Testing Office 2000, BPjS-aktuell, issue 4/2001
- ^ Heise Online of January 27, 2002
- ↑ UNITED STATES COURT OF APPEALS for the District of New Jersey ( Memento of the original from May 17, 2010 in the Internet Archive ) 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. , Appeal judgment on the return of US imported Jung - & - Frei magazines confiscated by customs, dated September 22, 2000
- ↑ Nudism Magazines Deemed Not Obscene. Philly News dated October 24, 2000
