Federal Department For Media Harmful To Young Persons - Role and Responsibilities

Role and Responsibilities

The BPjM has the following responsibilities:

• the placing of media harmful to young people under legally-enforceable prohibition upon the application of ministers for youth and youth welfare offices, so that these media are accessible only to adults but not to children.
• the promotion of media education which promotes human worth.
• the encouragement of public awareness about media protection for young people.

§ 18 Paragraph 1 JuSchG (Youth Protection Law) defines jugendgefährdend as that which is harmful "to the development of children or young people or to their education as autonomous and socially-compatible individuals". Media that are "immoral, brutalizing, or which provoke violence, crime or racial hatred" are named as examples of this.

Under § 15 Paragraph 2 JSchG, certain types of content are subject to restricted distribution by virtue of the law on account of their obvious harm to young people, without the need to add them to the Index. These include:

• content which is proscribed by the criminal law such as Volksverhetzung (incitement to hate or violence against a group of people), instructions on how to commit crime, glorification or trivialization of violence, incitement to racial hatred and pornography.
• content which glorifies war.
• content which depicts minors in an unnatural/harmful situation

However, as often it may not be immediately apparent whether a particular work has content as described in § 15, 2 JSchG, the Bundesprüfstelle is able to index such media for the purpose of clarification. The Bundesprüfstelle has consequently indexed works which deny the Holocaust, which would be indictable as Volksverhetzung or as bringing the memory of the deceased into disrepute, when the public prosecutor's office was not able to proceed further at that point.

Upon the application (Antrag) of a youth welfare office or at the request of an accredited non-governmental youth organisation, the BPjM examines whether a written work, film, computer game or other media product has content they consider harmful to young persons. If an application is made by a government body, the BPjM must always examine the media work. If a non-governmental body makes a request, the BPjM can decide itself if it needs to take action. No organization or individual other than the prescribed government bodies may make an Antrag. In practice applications are normally made by the youth welfare offices.