|Youth Protection Act (Jugendschutzgesetz, JÖSchG) - Excerpts|
Long title: Gesetz zum Schutze der Jugend in der Öffentlichkeit (Act to Regulate the Public Protection of Young Persons)
In the version of 25 February 1985 (Federal Law Gazette I, p. 425 ff. Valid as from 1 April 1985); as amended on 28 June 1990 by Article 21 of the third Act to regulate the organisation and codification of statutory provisions still in force (Federal Law Gazette I, p. 1221) and Article 16 paragraph 2 of the Act to regulate the combatting of crime of 28.10.1994 (Federal Law Gazette I, p. 3186)
Translation provided by Inter Nationes and reproduced with kind permission.
Table of Contents
Section 6 [Film showings]
Section 7 [Video cassettes, media carrying images]
Section 12 [Regulatory offences, criminal offences]
(1) Children and juveniles shall only be allowed to be present at public film showings where the films have been passed by the main Land authority for showing to them. Children under the age of six years shall only be allowed to be present where they are accompanied by a parent or guardian.
(2) Films which are such as to have an adverse effect upon the physical, mental orpsychological well-being of children and young persons shall not be passed for showing before them.
(3) The main Land authority shall formally designate films as
Where it appears possible that a film designated in accordance with number 5 above may fulfil the definitional requirements of section 130 subsection 2, section 131 or section 184 of the Criminal Code, the competent public prosecution authority shall be informed.
(4) Within the framework of subsection 1 and subsection 3, first sentence, attendance at public fim showings unaccompanied by a parent or guardian shall only be allowed
(5) Subsections 1 to 4 shall apply to the public showing of films irrespective of the manner of filming and showing. They shall also apply to the accompanying advertising and programme.
(6) Subsections 1 to 5 shall not apply to films made for non-commercial purposes so long as the films are not put to commercial use.
(7) Films designated by the main Land authority in accordance with the first sentence of section 3 above shall not be subject to sections 1 and 11 of the Act to regulate the dissemination of writings harmful to young persons.
(1) Recorded video cassettes, video discs and comparable media carrying images shall only be made publicly available to children and juveniles where the programmes have been passed and formally designated for their age group by the main Land authority.
(2) For purposes of approval and designation section 6 subsection 2, subsection 3, first sentence, and subsection 6 shall apply mutatis mutandis. The age category shall be indicated by a forgery-proof label. The label shall be affixed by the licensee to the medium and to its cover in a clearly visible form before the medium is delivered to trade circles or commercially used in some other way.
(3) Picture media not given a designation by the main Land authority or designated as "Not passed for showing under eighteen years of age" must not be
(4) In public places recorded picture media shall not be offered in vending machines.
(1) Picture media designated by the main Land authority in accordance with subsection 2 read in conjunction with section 6 subsection 3, first sentence, nos. 1 to 4, shall not be subject to sections 1 and 11 of the Act to regulate the dissemination of writings harmful to young persons.
(2) Section 6 subsection 3, second sentence, shall apply mutatis mutandis.
(1) Any person who, in a capacity as the organiser of an event or as a business person, deliberately or negligently
5. in contravention of section 6 subsection 1 or subsection 4 permits the attendance of a child or juvenile at a public film showing;
6. in contravention of section 7 subsection 1 makes accessible to a child or juvenile a recorded picture medium not passed for the appropriate age group;
7. in contravention of section 7 subsection 2, second and third sentences, fails to affix a label, or does so but not in the form there described or in a manner not corresponding to the age categorisation made by the main Land authority;
8. in contravention of section 7 subsection 3 number 2 offers or hands over a picture medium which has not been passed;
9. in contravention of section 7 subsection 4 offers a recorded picture medium in a vending machine;
shall be deemed to have committed a regulatory offence.
(2) Any person who, being over eighteen years of age, brings about or encourages conduct on the part of a child or juvenile intended to be prevented by a prohibition described in subsection 1 nos. 1-14 or contained in section 7 subsection 3 number 1 or by an enforceable order under section 10, shall also be deemed to have committed a regulatory offence. In respect of the prohibition contained in section 7 subsection 3 number 1 this shall not apply to the parent or guardian.
(3) The regulatory offence may be punished by an administrative fine of up to thirty thousand Deutschmark.
(4) A prison sentence of up to one year or a fine shall be imposed on any person who, in a capacity as the organiser of an event or as a business person
1. commits a deliberate infringement which is among those described in subsection 1 and as a result at least recklessly causes serious danger to a child or juvenile in his physical, mental or moral development; or
2. commits or persistently repeats out of a desire for gain a deliberate contravention which is among those described in subsection 1.
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The above translation was published by Inter Nationes. Reproduced with kind permission. This HTML edition by Lawrence Schäfer and © 2000 Gerhard Dannemann. The contents of this page may be downloaded and printed out in single copies for individual use only. Making multiple copies without permission is prohibited.