The Federal Department for the Protection of Children and Young People in the Media ( or BzKJ), until 2021 "Federal Department for Media Harmful to Young Persons", is an upper-level German federal censorship agency subordinate to the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth. It is responsible for examining and censoring media works suspected to be harmful to young people. These works are added to an official list – a process known as Indizierung (indexing) in German - as part of child protection efforts. The decision to index a work has a variety of legal implications; chiefly, restrictions on sale and advertisement.
Legal basis
The basic rights of freedom of expression and artistic freedom in Article 5 of the German Grundgesetz are not guaranteed without limits. Along with the "provisions of general laws" and "provisions [...] in the right of personal honour", "provisions for the protection of young persons" may restrict freedom of expression (Article 5 Paragraph 2).
The Protection of Young Persons Act, which came into effect in April 2003, is one such provision. It superseded the Gesetz über die Verbreitung jugendgefährdender Schriften (Law on the Distribution of Works Harmful to Young Persons) as the legal basis for the restriction of freedom of expression when applied to physical media (printed works, videos, CD-ROMs, etc.).
The Jugendmedienschutz-Staatsvertrag (State Treaty on Media Protection of Young Persons) between the different Länder came into effect on the same day as the Jugendschutzgesetz and regulates the distribution of broadcasts and virtual media. It also provides a legal basis for the actions of the BPjM.
History
The original Bundesprüfstelle für jugendgefährdende Schriften (BPjS, Federal Department for Works Harmful to Young Persons) was established on 18 May 1954, after the Gesetz über die Verbreitung jugendgefährdender Schriften was adopted on 9 June 1953. The presiding officers of the BPjS have been: 1954–1966: Robert Schilling 1966–1969: Werner Jungeblodt (Deputy: Eduard Tack) 1969–1991: Rudolf Stefen (Deputies: Elke Monssen-Engberding, later Gerhard Adams) 1991–2016: Elke Monssen-Engberding (Deputies: Dr. Bettina Brockhorst, later Petra Meier) Since April 2016: Martina Hannak-Meinke
The first session deciding upon applications requesting the indexing of materials took place on 9 July 1954. The first two works indexed by the BPjS were Tarzan comics. The rationale for this was that they would affect young people in a "nerve-inflaming and brutalising way" and "transport them into an unreal world of lies". Such works were supposedly "the result of a degenerate imagination", which is considered an insult to the comics' illustrator at the time, John Celardo.
In 1978, the number and type of institutions which could petition for a work to be indexed was widened considerably. Since then, not only the higher authorities with responsibility for young people in the Länder (states), but also the youth welfare offices of individual Kreise (districts) have been authorized to submit applications. The number of applications for indexing has multiplied significantly as a result of this.
Following the Erfurt massacre (a Columbine-like shooting at a school in Erfurt), the Jugendschutzgesetz was passed in June 2002, replacing the Gesetz über die Verbreitung jugendgefährdender Schriften and the Gesetz zum Schutz der Jugend in der Öffentlichkeit (Law for Protection of Young Persons in Public Places). It came into effect on 1 April 2003.
The change in the law clarified the area over which the Bundesprüfstelle has authority. New forms of media such as websites and computer software were within its jurisdiction. As a result of these new powers the organisation's name was changed to the current Bundesprüfstelle für jugendgefährdende Medien. As previously, an examination order can result from the application of a state youth protection agency or from the request of a non-governmental youth organisation.
For video games, the new law also made the ratings of the USK compulsory. Games that have been given a rating by this organisation can no longer be put on the index.
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