Youth protection and games

In Germany, general freedom of the press is firmly anchored in the fifth article of the Basic Law. However, this also has its limits when it comes to protecting young people, for example. The so-called protection of minors in the media in Germany is based on two legal pillars: the Youth Protection Act (JuSchG for short) and the Interstate Treaty on the Protection of Minors in the Media (JMStV for short). The JuSchG is a federal law that regulates the handling of media that are on physical data carriers and are presented to the public. Media such as games or films that fall under the JuSchG, i.e. are developmentally harmful, require a state-recognized age rating. The age groups in Germany are 0, 6, 12, 16 or 18 years. The age rating process is organized by the Unterhaltungssoftware Selbstkontrolle (USK). However, the actual age rating is awarded by the USK's review board, consisting of four voluntary youth protection experts and a permanent representative of the highest state youth authorities (OLJB for short). Games that are potentially harmful to minors are not given an age rating in Germany and may only be sold to customers of legal age.

If the Federal Review Board for Media Harmful to Young Persons (short BPjM) actually identifies content that is harmful to minors, the corresponding computer game is indexed. This means that the corresponding products may only be sold “under the counter” on request. In addition, no advertising or similar can be placed for it. Content that is purely digital and offered online or on linear television, on the other hand, is regulated by the JMStV. Providers do not have to obtain a state age rating for their digital products, but are responsible for this themselves in the form of youth protection officers. For example, they can use technical means such as youth protection PINs to make media and content inaccessible to young people. On television, 16+ content may only be broadcast between 10 pm and 6 am. Compliance with the JMStV by providers is monitored by the Commission for the Protection of Minors in the Media (KJM for short). Violations can result in penalties such as fines or the prohibition of content, which are enforced by the state media authorities. Content that can be found online is checked by jugendschutz.net. This institution is organizationally linked to the KJM.