Länder Convention on Youth Protection in the Media
Jugendmedienschutz-Staatsvertrag der Länder (JMStV)

Convention on the Protection of Human Dignity and Youth Protection in Broadcasting and Telecommunications Media (Staatsvertrag über den Schutz der Menschenwürde und den Jugendschutz in Rundfunk und Telemedien) of 10 to 27 September 2002

The Länder Convention on Youth Protection in the Media came into force at the same time as the Protection of Young Persons Act and created a single legal basis for youth protection in the electronic media (Internet, TV, radio). The interaction provisions in both pieces of legislation ensure that the agencies of the Federation and the Länder decide according to uniform protection standards.

The purpose or the objective of the Länder Convention is described in section 1. Pursuant to this section, it ensures the uniform protection of children and youth against electronic information and communication media products which negatively impact on or threaten the development or education of children and youth. This also applies to protection against electronic information and communication media products which violate human dignity or other principles protected by law.

The competences of the Federation and the Länder were newly assigned. Henceforth, the Länder will be responsible for all transmitted electronic media, i. e. telecommunications media and the Internet in addition to the broadcast media.

One important element is strengthening the voluntary self-regulation unit. Decisions by the voluntary self-regulation unit will only be corrected by a supervisory body when the former’s discretionary latitude has been exceeded. A prerequisite for this privilege is, however, that the voluntary self-regulation units are certified by the supervisory body. In order to obtain such a certification, the voluntary self-regulation units must fulfil requirements which are specified in detail in the Länder Convention (especially regarding the appropriate level of personnel and equipment, ensuring the independence of their appointed reviewers and including societal groups – such as the churches – in their review bodies).

Another important element of youth protection on the Internet is the introduction of filter software. If exemptions are granted on the basis of such software, the software needs to be approved by the supervisory body.

At the same time, the fragmentation of competences was abolished, as the supervision by the Länder Media Agencies was reorganised by creating a Commission for Youth Protection in the Media (Kommission für Jugendmedienschutz, KJM), whose members are the six directors of the Länder Media Agencies and six youth protection experts representing the Federation and the Länder. It is the first time that Länder have established a single decision-making body.

jugendschutz.net, the all-Länder control unit created by the Youth Ministries in 1997, was formally established as an agency and associated with the KJM to guarantee the uniform supervision of electronic media. Its responsibilities remain unchanged.