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Version: 30/06/2020 Time: 14:54

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Draft Act
of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth

Draft Second Act amending the Protection of Young Persons Act))

A. Problem and objective

The coalition agreement of the 19th legislative period states that digital media opens up many opportunities for children and minors, but at the same time considerable new risks for children and minors have arisen due to its constant, location-independent availability. It is noted that the increase in cyberbullying, grooming and sexual violence, risk of addiction and information on self-endangerment online is cause for concern. In accordance with the coalition agreement, contemporary youth media protection must ensure the protection of children and minors from dangerous content, protect their individual rights and their data, and further develop tools for strengthening media literacy. The aim is to enable children and minors to enjoy the media relevant to them in safe spaces for interaction and also to empower their parents accordingly.

The existing regulatory system for the protection of children and minors in the media is based on basic parameters agreed on between the federal and state governments at the Ministerial Conference on 8 March 2002.

The Protection of Young Persons Act (JuSchG) regulates the dissemination of both films and film and game programs on data media in public and at public film screenings on the one hand and on the other hand inclusion by the Federal Review Board for Media Harmful to Minors (BPjM) of both data media and electronic media in the list of media harmful to young people. The Interstate Treaty on the Protection of Minors in the Media (JMStV) also regulates the dissemination of media in radio and electronic media in line with the protection of minors.

This contrasts with a media reality that is characterised by convergence with regard to the dissemination of media content, that is, the dissemination channels are merging and are hardly distinguishable in terms of identical content.

In the current system, when a film or game, for example, is rated from a youth protection perspective, whether the content reaches the child or young person from a DVD, via a radio signal or from the internet is still relevant. Duplicate age classification examinations are performed for identical content, and the results may even differ. With the spread of smart TVs, this distinction is no longer understandable.

In addition to the risk of being confronted with unvarying media content – such as a specific game or film – the user behaviour of children and minors has changed the requirements for functioning legal protection of children and minors in the media. For a long time now, young persons have been using the internet primarily as a communication medium and to disseminate self-made content. Children and minors have the right to participate in the information and communication medium of the internet. The current structure of the statutory protection of children and young persons is not yet designed to support this participation in the sense of low-risk perception and to effectively counter threats to the personal integrity of children and young persons, such as cyberbullying or cyber grooming, i.e. the initiation of sexual contact via the internet.

B. Solution

The JuSchG must be amended to ensure that the protection of children and young persons is up to date and to implement the provisions of the coalition agreement of the 19th legislative period.

C. Alternatives

None.

D. Budgetary expenditure exclusive of implementing costs

The additional material and staffing requirements for the Federal Government should be compensated for in the financial plan of individual plan 17 in terms of funds and jobs.

The Federal Government will incur the following costs through the gradual development of federal structures:

Measure 2021 2022 2023 2024 onwards Federal Agency staff costs EUR 1.65 million EUR 3.68 million EUR 5.05 million EUR 5.05 million Federal Agency material costs EUR 0.42 million EUR 0.67 million EUR 0.67 million EUR 0.67 million BMFSFJ staff costs EUR 0.45 million EUR 0.45 million EUR 0.45 million EUR 0.45 million BMFSFJ material costs EUR 0.2 million EUR 0.06 million EUR 0.06 million EUR 0.06 million Federal Agency project funding EUR 0.2 million EUR 0.5 million EUR 1 million EUR 1 million Coordination of overall strategy/ scientific monitoring EUR 0.23 million EUR 0.4 million EUR 0.4 million EUR 0.4 million Funding for external monitoring - - EUR 3.25 million EUR 3.25 million Measures for the further development of child and youth media protection, in particular utilisation of established practice EUR 0.93 million EUR 0.23 million EUR 0.23 million EUR 0.23 million Total cost EUR 4 million EUR 6 million EUR 11.1 million EUR 11.1 million

The Federal Government did not generate any income from the previous provisions of the Protection of Young Persons Act. There is no reduction in income associated with the revision. Additional income is possible, but is currently not quantifiable. Income accrues to the federal budget.

The federal states will incur one-off material costs of EUR 150 000 and annual costs of EUR 540 000 for staff costs.

E. Compliance costs

E.1 Compliance costs for citizens

None.

E.2 Compliance costs for businesses

Businesses will incur annual compliance costs of around EUR 1.9 million and one-off compliance costs of around EUR 1.4 million. Under the ‘one in, one out’ rule, the draft law causes an ‘in’ of EUR 1.9 million, which will be compensated for by a future regulatory project.

E.3 Administrative compliance costs

The administration will incur annual compliance costs for the Federal Government of around EUR 6.43 million and one-off compliance costs of around EUR 0.7 million.

The compliance costs at federal level arise from the transformation of the BPjM into the Federal Agency for the Protection of Children and Young Persons in the Media. The Federal Agency’s duties under § 17a initially provide for the continuation of the previous mandate of the BPjM, to maintain the list of media harmful to young people (paragraph 1). In addition, there are measures for the further development of child and youth media protection through the promotion of a joint assumption of responsibility by the state, business and civil society for the coordination of an overall strategy, the utilisation and further development of the knowledge to be derived from the overall practice of the Review Board, as well as a regular institutional exchange of information (paragraph 2). Furthermore, the supervision of the provider precautionary measures standardised in § 24a (paragraph 3) as well as activity to support the tasks from paragraph 2 (paragraph 4) are part of their statutory duties.

At the moment, the budgetary funds necessary for the financing of around 54 additional positions can only be estimated as an initial guide. The calculation was based on the average staff and material cost rates provided in the Federal Ministry of Finance (BMF) circular of 12 April 2019.

According to this, additional staff costs of around EUR 5.5 million are determined (individual staff costs of EUR 4,276,484 plus overhead costs of EUR 1,249,233).

Additional material costs of around EUR 0.8 million arise (individual material costs of EUR 599,750 plus overheads of EUR 168,530).

The federal states incur one-off compliance costs as material costs of EUR 150,000 and annual staff costs of EUR 540,000.

F. Additional costs

Minor cost-induced individual price adjustments cannot be ruled out. Effects on general price levels, in particular on the consumer price level, are not to be expected, however.

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Working Draft Act of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth

Draft Second Act amending the Youth Protection Act

of ...
Second Act

on amending the Protection of Young Persons Act

Of 9 April 2021

The Federal Parliament has adopted the following Act:

Article 1

Amending the Youth Protection Act

The Youth Protection Act of 23 July 2002 (Federal Law Gazette I p. 2730), as last amended by ..., is amended as follows:
Article 1

Amendment to the Protection of Young Persons Act

The Protection of Young Persons Act of 23 July 2002 (Federal Law Gazette I

P. 2730; 2003 I P. 476), as last amended by Article 2 of the Act of 23 October 2020 (Federal Law Gazette I P. 2229), is amended as follows:

§ 1 is amended as follows:


‘(1a) Media within the meaning of this Act is data media and electronic media.’

The following paragraph is added:
The following Paragraph 6 is added:

‘(6) Service providers within the meaning of this law are service providers as defined by the Telemedia Act of 26 February 2007 (Federal Law Gazette I p. 179), as amended.’


In sentence 3, after the word ‘films’, the comma and the word ‘film’ are deleted.

The heading of subsection 1 is replaced by the following sections 10a and 10b.
The heading of subsection 1 is replaced by the following § 10a and § 10b:

‘§ 10a


protection of the personal integrity of children and young people when using media, and

the promotion of information for children, young people, primary carers and pedagogical specialists for media use and media education; the provisions of the Eighth Book of the Social Code remain unaffected.
the promotion of information for children, young people, primary carers and pedagogical specialists for media use and media education; The provisions of the Eighth Book of the Social Code hereby remain unaffected.

§ 10b

Media that impairs development

Media that impairs development according to § 10a(1) includes, in particular, overly scary media, media that advocates violence or media that impairs social ethical values. When assessing the impairment of development, the circumstances of the respective use of the medium beyond the effect of the media content can also be taken into account if they are a permanent component of the medium and justify a different overall assessment. In particular, risks to the personal integrity of children and minors that, based on a specific risk assessment, can be classified as significant and that may arise when using the medium must be adequately taken into account.’
Media which impairs development according to § 10a(1) includes, in particular, overly scary media, media which advocates violence or media which impairs social ethical values.

When assessing the impairment of development, the circumstances of the respective use of the medium beyond the effect of the media content can also be taken into account when they are a permanent component of the medium and justify a different overall assessment beyond labelling in accordance with § 14(2a).

In particular, risks to the personal integrity of children and minors which, based on a specific risk assessment, can be classified as significant and that which arise when using the medium must be adequately taken into account, incorporating any precautionary measures within the meaning of § 24a(1) and (2). This includes, in particular, risks arising from communication and contact functions, purchasing functions, gambling-like mechanisms, mechanisms to promote excessive media usage behaviour, the transfer of inventory and usage data without consent to third parties, and non-age-appropriate purchase appeals, in particular by advertising references to other media.’

§ 11 is amended as follows:

In Paragraph 2, the words ‘or chaperone’ are inserted after the words ‘primary carer’.

§ 12 is amended as follows:

In paragraph 1, the words ‘pre-recorded video cassettes and others for’ are replaced with the word ‘for’.

In sentence 4 of paragraph 2, after the word ‘films’, the comma and the word ‘film’ are deleted.
In sentence 4 of paragraph 2, after the word

‘films’, the comma and the word ‘film’ are deleted.

In the first sentence of paragraph 5, the indication ‘film’ is replaced with the word ‘films’.


The following paragraph 2a is inserted after paragraph 2:

‘(2a) The Supreme Federal State Authority or a voluntary self-regulation body can use the procedure under paragraph 6 to label films and game programs with symbols and other means beyond the age groups in paragraph 2, which indicate the main reasons for the age rating of the medium and its potential impairment of personal integrity. The Supreme Federal State Authority can order more information about the design and application of the symbols and other means.’
‘(2a) The Supreme Federal State Authority or a voluntary self-regulation body is to use the procedure under Paragraph 6 in order to label films and game programmes with symbols and other means beyond the age groups in Paragraph 2, which indicate the main reasons for the age rating of the medium and its potential impairment of personal integrity. The Supreme Federal State Authority can order more information about the design and application of the symbols and other means.’

In the first sentence of paragraph 3, ‘data medium’ is replaced by the words ‘film or a game program’.

Paragraph 4 is worded as follows:

‘(4) If a film or a game program has the same or essentially the same content as a medium included in the list according to § 18, the labelling is excluded. The Review Board for Media Harmful to Minors decides whether the content is the same. Sentence 1 applies accordingly if the requirements for inclusion in the list are met. In cases of doubt, the Supreme Federal State Authority or a voluntary self-regulation body within the framework of the procedure under paragraph 6 brings about a decision by the Review Board for Media Harmful to Minors.’
‘(4) If a film or a game program has the same or essentially the same content as a medium included in the list according to § 18, the labelling is excluded. The Review Board for Media Harmful to Minors decides whether the content is the same. Sentence 1 applies accordingly if the requirements for inclusion in the list are met. In cases of doubt, the Supreme Federal State Authority or a voluntary self-regulation body within the framework of the procedure under paragraph 6 brings about a decision by the Review Board for Media Harmful to Minors.’

The following paragraph 4a is inserted after paragraph 4:

‘(4a) Paragraph 4 does not apply to approval decisions according to § 11 paragraph 1.’
‘(4a) Paragraph 4 does not apply to approval decisions according to § 11(1).’

Paragraph 5 is worded as follows:


Paragraph 6 is amended as follows:

In sentence 1, the words ‘film and’ are deleted.

The following sentence is added to paragraph 6:
aa) In sentence 1, the words ‘film and’ are deleted.

bb) The following sentence is added:

‘Voluntary self-regulation bodies recognised according to the provisions of the Interstate Treaty on the Protection of Minors in the Media can conclude an agreement with the Supreme Federal State Authorities in accordance with sentences 1 and 2.’

The following paragraph 6a is inserted after paragraph 6:

‘(6a) The common procedure under paragraph 6 can provide that age ratings confirmed by the Central State Agency for Media Protection of Young Persons in accordance with the Interstate Treaty on the Protection of Minors in the Media or age ratings of public broadcasters function as approvals within the meaning of sentence 2 of paragraph 6, provided that this is not incompatible with the practice of the Supreme Federal State Authorities. Paragraphs 3 to 4 remain unaffected.’
The following Paragraph 6a is inserted after Paragraph 6:

‘(6a) The common procedure under Paragraph 6 is to provide that age ratings confirmed by the Central State Agency for Media Protection of Young Persons in accordance with the Interstate Treaty on the Protection of Minors in the Media or age ratings of public broadcasters function as approvals within the meaning of sentence 2 of Paragraph 6, provided that this is not incompatible with the practice of the Supreme Federal State Authorities. Paragraphs 3 to 4 remain unaffected.’

Paragraph 7 is amended as follows:

In sentence 1, the words ‘film and’ are deleted.

In sentence 3, the indication ‘film’ is replaced with the word ‘films’.
aa) In Sentence 1, after the word ‘film’, the comma and the word ‘film’ are deleted.

bb) In Sentence 3, the word ‘film’ is replaced with the word ‘films’.

In paragraph 8, the indication ‘film’ is replaced with the word ‘films’.