GermanyJugendmedienschutz-Staatsvertrag (JMStV, Interstate Treaty on the Protection of Minors in the Media), Section 5a, video-sharing services
In force since .
An adult content age verification (AV) rule binding private bodies.
As of .
What it requires
- Applies to the provider of a video-sharing service established in Germany.
- Take appropriate measures to protect children and adolescents from offers that impair their development.
- Consider setting up and operating systems for age verification, and systems through which parents can control access to such offers.
- Set up systems with which users can rate the offers they upload, readable by the age verification and parental control systems.
If you get it wrong
Private right of actionNo
Penalty structure
Administrative fine under Section 24(1) point 4a and (3) for failing to take appropriate measures under Section 5a.
- 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
Video-sharing services whose provider is established in Germany under the Digitale-Dienste-Gesetz
Obligation class
Age verification, Access restriction
What this law does
Providers of video-sharing services must take appropriate measures to protect children and adolescents from offers that impair their development. The measures that come into consideration include the operation of systems for age verification and of systems through which parents can control access to such offers. Providers must also set up systems with which users can rate the offers they upload and which the age verification and parental control systems can read.
The treaty applies to providers of video-sharing services established in Germany under the Digitale-Dienste-Gesetz. A provider that takes no appropriate measures commits an administrative offence. The fine for that offence can reach 500,000 euros. Article 3 of the Staatsvertrag zur Modernisierung der Medienordnung in Deutschland inserted Section 5a into the Jugendmedienschutz-Staatsvertrag. That treaty entered into force on .
When LexLint raises it
When your app profile says your app publishes adult content or operates a social platform.