PUBLICATION OF PROVISIONS OF THE LAW FOR THE PROTECTION OF MINORS
§ 1 Definitions of terms
(1) For the purposes of this Act
1. children are persons who are not yet 14 years old,
2. young people are persons who are 14 but not yet 18 years old,
3. is a person entitled to custody who is entitled to custody of persons alone or jointly with another person in accordance with the provisions of the Civil Code,
4. is a person responsible for education, any person over 18 years of age, insofar as he or she performs educational tasks permanently or temporarily on the basis of an agreement with the person entitled to custody, or insofar as he or she cares for a child or a young person within the framework of training or youth welfare.
(5) The provisions of §§ 2 to 14 of this Act shall not apply to married youths.
§ 2 Obligation to Examine and Prove
(1) Insofar as this Act requires accompaniment by a person with parental authority, the persons named in section 1(1) no. 4 shall, upon request, state their entitlement. In cases of doubt, the organiser and the trader shall have the right to check.
(2) Persons for whom age limits must be observed in accordance with this Act shall be required to prove their age in an appropriate manner upon request. In cases of doubt, organisers and tradespeople must check their age.
§ 4 Restaurants
(1) Children and adolescents under the age of 16 may only be permitted to stay in restaurants if they are accompanied by a guardian or a person responsible for education, or if they have a meal or drink between 5 a.m. and 11 p.m. Young people over 16 years of age must not be allowed to stay in restaurants without the company of a person with custody or a person responsible for education in the time between midnight and 5 a.m.
(2) Paragraph 1 shall not apply if children or adolescents participate in an event organised by a recognised youth welfare institution or are travelling.
(3) Children and adolescents may not be permitted to stay in restaurants run as night bars or night clubs or in comparable amusement establishments.
(4) The competent authority may approve exceptions to paragraph 1
§ 5 Dance events
(1) The presence of children and young people under the age of 16 and young people from the age of 16 must not be permitted until midnight at the latest at public dance events without the company of a person with custody or a person responsible for education.
(2) Notwithstanding paragraph 1, the presence of children until 10 p.m. and of young people under 4 p.m. until midnight may be permitted if the dance event is carried out by a recognised youth welfare organisation or serves artistic activities or customs.
(3) The competent authority may approve exceptions.
§ 9 Alcoholic beverages
(1) In restaurants, points of sale or otherwise in public, the following shall not be permitted
1. spirits, beverages containing spirits or foods containing spirits in quantities not insignificant to children and adolescents,
2. other alcoholic beverages shall not be sold or consumed by children and adolescents under the age of 16.
(2) Paragraph 1 No. 2 shall not apply if young persons are accompanied by a person having custody.
(3) Alcoholic beverages may not be offered in vending machines in public. This shall not apply if a vending machine
1. is placed in a place inaccessible to children and adolescents, or
2. is set up in a commercially used room and technical equipment or constant supervision ensures that children and adolescents are unable to take alcoholic beverages. § Section 20 No. 1 of the Restaurant Act shall remain unaffected.
(4) Sweet drinks containing alcohol within the meaning of § 1 paras. 2 and 3 of the Alkopop Tax Act may only be put into circulation commercially with the reference „Sale to persons under 18 years of age prohibited, § 9 Youth Protection Act“. This notice shall be affixed to the pre-package in the same font and in the same size and colour as the brand or fantasy names or, if not available, as the sales description and, in the case of bottles, on the front label.
§ 10 Smoking in public, tobacco products
(1) In restaurants, points of sale or otherwise in public, tobacco products may not be sold to children or adolescents nor may smoking be permitted.
(2) Tobacco products may not be offered to the public in vending machines. This shall not apply if a vending machine
1. is placed in a place inaccessible to children and adolescents, or
2. technical devices or constant supervision ensure that children and adolescents cannot take tobacco products from the premises.
§ 11 Film events
(1) Children and young people may only be permitted to attend public film events if the films have been released for screening before them by the supreme state authority or an organisation of voluntary self-regulation within the framework of the procedure pursuant to section 14(6) or if they are information, instructional and educational films which are labelled „Infoprogramm“ or „Lehrprogramm“ by the provider.
(2) Notwithstanding subsection (1), the presence of children aged six and over may also be permitted at public film events with films released and marked for children and adolescents aged twelve and over if they are accompanied by a person with custody.
(3) Notwithstanding the requirements of paragraph 1, attendance at public film events may only be permitted if accompanied by a person having custody or a person responsible for education.
1. children under the age of six,
2. children from the age of six, if the performance ends after 8 p.m,
3. young people under the age of 16 if the performance ends after 22 hrs,
4. young people aged 16 or over, if the performance ends after midnight.
(4) Paragraphs 1 to 3 shall apply to the public screening of films irrespective of the means of recording and reproduction. They shall also apply to advertising credits and accompanying programmes. They shall not apply to films produced for non-commercial purposes as long as the films are not used commercially.
5. Advertising films or programmes promoting tobacco products or alcoholic beverages may be shown only after 6 p.m., without prejudice to the conditions laid down in paragraphs 1 to 4.
§ 13 Screen play equipment
(1) Children and adolescents may only be permitted to play on publicly installed electronic screen games without the possibility of winning if they are not accompanied by a guardian or person responsible for education and if the programmes have been approved and labelled for their age group by the supreme Land authority or an organisation of voluntary self-regulation within the framework of the procedure in accordance with § 14 (6) or if they are information, instruction or teaching programmes which are labelled „Infoprogramm“ or „Lehrprogramm“ by the provider.
(2) Electronic display screen play equipment may not
1. public transport areas accessible to children or adolescents,
2. outside premises used for commercial purposes or in any other way for professional or business purposes, or
3. are set up in their unattended entrances, anterooms or corridors only if their programmes are cleared and marked for children aged six and over or are marked „Infoprogramm“ or „Lehrprogramm“ in accordance with section 14(7).
(3) Section 12 subsection (2) sentences 1 to 3 shall apply mutatis mutandis to the affixing of markings to display screen games.
§ 14 Labelling of films and film and play programmes
(1) Films as well as film and play programmes which are likely to impair the development of children and adolescents or their upbringing to an independent and socially responsible personality shall not be released for their age group.
(2) The supreme Land authority or an organisation of voluntary self-regulation within the framework of the procedure pursuant to subsection (6) shall label the films and the film and play programmes with
1. „Released without age restriction“
2. „Released six years and older“
3. „Released twelve years and older“
4. „Released from the age of sixteen“
5. „no youth clearance“
Status: January 1, 2009
NOTE ON THE COMMISSIONING OF EDUCATION
For parents and persons responsible for education
The guardians are the parents or, in exceptional cases, a guardian appointed by the family court.
Any person over the age of 18 is a parent or guardian under the Youth Protection Act (Jugendschutzgesetz), insofar as he or she performs parenting duties on a permanent or temporary basis on the basis of an agreement with the parent or guardians.
Important Information for Parents and Parent Representatives
- The educational officer must be of legal age! He/she should be able to prove his/her identity to others.
- He/she must be mature enough and capable of responsibly providing your child in the situation with the necessary
- to be able to offer support. Educational representatives assume the supervisory duty. Convince yourself whether she/he is up to this task.
- Ensure that your child travels home when attending evening cinema events.
- Make sure that the parent or guardian is not under the influence of alcohol or other drugs while accompanying your child.
- Make sure that the educational officer knows about the regulations of the law for the protection of minors: alcohol ban under 16 years, no spirits and also no brandy-containing drinks (also no brandy-containing mixed drinks) under 18 years. Smoking ban under 18 years.
Important information on the educational mission
- The educational mandate is only valid in conjunction with a copy of the identity card (front and back) of at least one parent or legal guardian!
- The form must be handed in by the young person at the box office or at the control desk.
- The parent or guardian must also be present in the cinema auditorium.
When going to the cinema, however, it should be noted that the age ratings of the films remain valid without exception even when accompanied by a parent or guardian!
NOTES TO THE FSK
In the FSK test procedures, approvals are made for five age groups. The test results are used to publish the respective age ratings and, in the case of feature films, a short version of the release statement.
The FSK committees issue releases in accordance with the statutory requirement that films and other media „which are suitable for impairing the development of children and adolescents or their upbringing to a self-reliant and communal personality“ may not be released for their age group (§ 14 (1) JuSchG). The FSK principles deliberately focus on a presumed effect.
With the age release no educational recommendation or aesthetic evaluation is connected. There can be no fixed catalogue of criteria for the assessment of possible effects, but there can be standards that require expert interpretation. In doing so, the welfare of the youngest cohorts of an age group must always be taken into account. Likewise, not only average but also endangered children and adolescents must be considered.
In the case of an age rating for cinema films, § 14 (3) of the Youth Protection Act (Jugendschutzgesetz - JuSchG) stipulates that even in the case of a rating „from the age of 18“, a „serious risk to minors“ must be examined. The background to the legal provisions is that in individual cases young people may also be admitted to the performances could do. If films are released on DVD, Blu-ray or comparable image carriers, there is an increased risk that young people will already see films that are only released „from the age of 18“. A „simple danger to minors“ is therefore sufficient here to prevent labelling from being allowed. It isit is therefore possible that a film that has received a release „from the age of 18“ in the cinema will not receive a release in the same version for release on DVD. The legal regulations for the protection of minors are here clear and binding for the work of the FSK. „No marking“, however, does not constitute a performance ban. Cinemas can screen the film at their own legal risk - but only in front of adults. If a court comes to the conclusion - for example after a complaint - that the film is „seriously harmful to minors“, the following are, among other things, prohibitedAdvertising and announcement legally forbidden and therefore punishable (Jugendschutzgesetz, § 15 Abs. 1). Criminal law provisions that may have to be taken into account beyond the protection of minors also fall within the remit of the judiciary - and not of the FSK.