Jugendmedienschutz-Staatsvertrag (JMStV, Interstate Treaty on the Protection of Minors in the Media), Section 5, offers that impair the development of minors
In force since .
An adult content age verification (AV) rule binding private bodies.
As of .
What it requires
- Applies to the provider of a broadcasting or telemedia offer that is suited to impair the development of children or adolescents.
- Ensure that children or adolescents of the age groups concerned (without restriction, from 6, from 12, from 16, from 18 years) do not usually perceive the offer.
- Meet that duty by technical or other means that make it impossible or substantially harder for the age group concerned to perceive the offer, or by labeling the offer with an age rating that suitable youth protection programs (Jugendschutzprogramme) can read, or by choosing a time of distribution at which the age group concerned does not usually perceive it.
If you get it wrong
Private right of actionNo
Penalty structure
Administrative fine under Section 24(1) point 4 and (3) for failing to ensure that the age groups concerned do not usually perceive an offer that impairs their development.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 500,000
Who enforces it
Enforcement body
Landesmedienanstalten (state media authorities) as the competent administrative authority for fines, with the Kommission für Jugendmedienschutz (KJM)
What it reaches
Covered services
Providers of broadcasting and telemedia offers in Germany that are suited to impair the development of children or adolescents
Obligation class
Access restriction
What this law does
A provider of broadcasting or telemedia that distributes or makes available an offer suited to impair the development of children or adolescents must ensure that children or adolescents of the age groups concerned do not usually perceive it. The age groups are without restriction, from 6, from 12, from 16 and from 18 years. The provider can meet the duty by technical or other means that make it impossible or substantially harder for the age group concerned to perceive the offer.
The provider can also meet it by labeling the offer with an age rating that suitable youth protection programs can read. Or the provider can choose a time of distribution at which the age group concerned does not usually perceive the offer. A provider that fails to ensure this commits an administrative offence. The fine can reach 500,000 euros.
When LexLint raises it
When your app profile says your app publishes adult content.