Legal Protection against Violent Video Games
Strafrechtlicher Schutz vor Killerspielen
The term “violent video games” is expert jargon and is used accordingly in the current discussion. A legal definition of the term “violent video game” is not provided in the German Criminal Code (StGB). Furthermore, the term “violent video game” is used in neither the Youth Protection Act (Jugendschutzgesetz) nor the State Treaty on Youth Media Protection (Jugendmedienschutz-Staatsvertrag).
Section 131 of the German Criminal Code (StGB) provides protection against violent video games. Following an amendment of the provision in 2004, it is now possible to take effective action against the dissemination of first-person-shooter games and other violent video games. The prerequisite is that the games include a glorifying representation of cruel acts of violence. The legal definition of documents also includes data storage devices.
Section 131 states the following:
(1) Individuals who (1) disseminate (2) publicly exhibit, post, demonstrate or otherwise provide access to documents (section 11 subs. 3) which depict cruel or otherwise inhuman acts of violence against humans or humanlike creatures in a way that expresses a glorification or playing down of such acts of violence or depicts the cruelty or inhumanity of such acts in a manner violating human dignity; (3) offer, hand over or provide access to such documents to a person under the age of 18 or (4) produce, purchase, supply, store, offer, announce, advertise, undertake to import or export such documents with the aim of using or enabling the use of the obtained items defined under nos. 1 to 3, shall be liable to a prison sentence of up to one year or a fine.
(2) Individuals disseminating a presentation of the content described in subs. 1 in broadcasts, media services or teleservices shall also be punishable by law.
(3) Subs. 1 to 3 to shall not apply if such acts are intended to cover news about current or past events.
(4) Subs. 1 no. 3 shall not apply if the act is performed by the individual having custody for the person in question; this shall not apply if said custodian grossly violates his/her educational obligations by offering, handing over, or providing access to such documents.
