Protection of Young Persons Act
Jugendschutzgesetz (JuSchG)
Protection of Young Persons Act (JuSchG) of 23 July 2002, last amended by Art. 3 of the Act of 20 July 2007
This Act merges the Act on the Protection of Young Persons in Public (Gesetz zum Schutze der Jugend in der Öffentlichkeit, JÖSchG) and the Act on the Distribution of Documents and Media which are Morally Harmful to Youth (Gesetz über die Verbreitung jugendgefährdender Schriften und Medieninhalte, GjS) to a single Act on the Protection of Young Persons (Jugendschutzgesetz, JuSchG).
When the Protection of Young Persons Act entered into force, the Länder Treaty on the Protection of Youth against Morally Harmful Media (Jugendmedienschutz-Staatsvertrag) also became effective and created a single legal basis for the protection of young persons in the electronic media (Internet, TV, radio). By linking the two legisla-tions, it is now assured that the institutions of the Federation and the Länder will decide on the basis of a single protection standard.
Pursuant to the Act, children are persons below the age of 14 and young persons are persons between the ages of 14 and 18. Persons having the care and custody of a child are defined as individuals who, either alone or together with another individual, are entitled to act as the child’s custodian pursuant to the provisions of the German Civil Code (BGB). A person with parental authority is any individual over the age of 18 who assumes responsibility for the child’s education or is responsible for the child or young person and his/her training or youth services.
The Act’s list of protective provisions includes the protection of young persons in public such as their presence in pubs and restau-rants, attendance at dances, amusement arcades, gambling, their presence at places dangerous to youth, smoking in public, the sale and consumption of alcoholic beverages and tobacco products as well as the protection of young persons in the media such as their attendance at film showings and cinemas, the classification of films, video media or game software and electronic game consoles, and finally the classification of carrier media which are morally harmful to young people.
The Act also includes provisions on the proceedings of the Federal Monitoring Agency for Media which are Morally Harmful to Youth (Bundesprüfstelle für jugendgefährdende Medien) and the compilation of the list of morally harmful media.
The prohibitions were extended and tightened up for those media which constitute a severe moral threat to youth and especially for violent media. As a result and even without a rating awarded by the Federal Monitoring Agency, there is a comprehensive ban on the sale, distribution and advertising of carrier media (such as books, video CDs, CD-ROMs and DVDs) which glorify war, present persons such in a way as to violate their dignity, or show young persons in unnatural or deliberately sexual postures.
The powers of the Federal Monitoring Agency for Media which are Morally Harmful to Youth were extended. In addition to the traditional media, it can now also put all new media – with the exception of broadcasts – on the index. And the indexing proceedings are subject to new rules defined by the Act. The Federal Monitoring Agency may now act ex officio and upon suggestions of certain agencies or offices to ensure that, insofar as possible, all products constituting a moral threat to youth will be put on the list of the Federal Monitoring Agency.
Amendments of the Protection of Young Persons Act entered into force on 1 September 2007. The most significant amendments are:
- § 10 of the Protection of Young Persons Act is amended. The age limit for selling tobacco products to young people and the non-smoking age were increased: from 16 to 18 years of age. As a result, pubs and restaurants, outlets or any other public facility may not supply children and young persons below the age of 18 with tobacco products, and they may not permit them to smoke.
- A transition period was granted for cigarette vending machines until 31 De¬cember 2008. At this time, vending machines must be technically retrofitted so that it will be impossible for children and young persons below the age of 18 to obtain cigarettes.
- Furthermore, it is now unlawful to show tobacco and alcohol advertisements in cinemas before 6.00 p. m.
