YOUTH PROTECTION LAW (JuSchG)
Status 1 January 2009
(Extract from the Act of 23 July 2002, BGBl. I page 2730ff, last amended by Art.3 of the Act of 31 October 2008)
§ 1 Definitions - extract
(1) For the purposes of this Act
1. children are persons who are not yet 14 years of age,
2. adolescents are persons who are 14 but not yet 18 years of age,
3. is a person entitled to custody, who alone or together with another person is entitled to custody according to the provisions of the Civil Code, 4. is a person responsible for upbringing, every person over 18 years of age, insofar as he or she performs upbringing tasks permanently or temporarily on the basis of an agreement with the person entitled to custody or insofar as he or she looks after a child or a young person within the framework of education or youth welfare.
§ 4 Restaurants
(1) Children and adolescents under 16 years of age may only be allowed to stay in restaurants if they are accompanied by a person having parental authority or a person responsible for their upbringing or if they have a meal or a drink between 5 am and 11 pm. Adolescents from the age of 16 years may not be permitted to stay in restaurants without the accompaniment of a person having parental authority or a person responsible for their upbringing in the period between midnight and 5 a.m..
(2) Paragraph 1 shall not apply if children or adolescents are attending an event organised by a recognised youth welfare organisation or are travelling.
(3) Children and adolescents may not be allowed to stay in restaurants that are run as night bars or night clubs and in comparable entertainment establishments.
(4) The competent authority may approve exceptions to paragraph 1.
§ 5 Dancing events
(1) Children and adolescents under 16 years of age shall not be permitted to attend public dance events without the accompaniment of a custodian or guardian, and adolescents over 16 years of age shall not be permitted to attend such events until midnight at the latest.
(2) By way of derogation from paragraph 1, children may be present until 10 p.m. and adolescents under 16 until midnight if the dance event is organised by a recognised youth welfare organisation or serves the purpose of artistic activity or the preservation of customs.
(3) The competent authority may approve exceptions.
§ Section 6 Gambling Halls, Games of Chance
(1) Children and adolescents shall not be permitted to be present in public gambling halls or similar premises primarily used for gambling.
(2) Children and adolescents may only be permitted to participate in games with the possibility of winning in public at public festivals, shooting festivals, fairs, special markets or similar events and only on condition that the prize consists of goods of low value.
§ 7 Events and businesses harmful to young people
If a public event or a commercial enterprise poses a risk to the physical, mental or emotional well-being of children or adolescents, the competent authority may order the organiser or commercial operator not to allow children and adolescents to be present. The order may contain age limits, time limits or other requirements if the danger is thereby eliminated or substantially reduced.
§ 8 Places harmful to minors
If a child or a juvenile is in a place where he or she is in immediate danger of physical, mental or psychological harm, the competent authority or body shall take the measures necessary to avert the danger. If necessary, it shall order the child or young person to
1. to leave the place,
2. take the child or young person to a person with parental authority within the meaning of section 7(1) no. 6 of Book Eight of the Social Code or, if no person with parental authority can be reached, place him or her in the care of the youth welfare office. In difficult cases, the competent authority or body shall inform the Youth Welfare Office of the place endangering the youth.
§ Section 9 Alcoholic Beverages
(1) In restaurants, sales outlets or otherwise in public, the following shall not be permitted
1. spirits, spirituous beverages or foodstuffs containing spirits in not only negligible quantities to children and adolescents, 2. other alcoholic beverages to children and adolescents under 16 years of age, nor may they be allowed to consume them.
(2) Paragraph 1 No. 2 shall not apply if adolescents are accompanied by a person with parental authority.
(3) Alcoholic beverages may not be offered in vending machines in public. This shall not apply if a vending machine
1. is installed in a place inaccessible to children and adolescents, or
2. is installed in a commercially used room and it is ensured by technical devices or by constant supervision that children and adolescents cannot remove alcoholic beverages. § Section 20 No. 1 of the Catering Establishments Act shall remain unaffected.
(4) Sweet drinks containing alcohol within the meaning of section 1 subsections (2) and (3) of the Alcopops Tax Act may only be marketed commercially with the notice "Sale to persons under 18 years of age prohibited, section 9 of the Youth Protection Act". This notice shall be kept on the prepackage in the same font and in the same size and colour as the brand or fancy 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) Tobacco products may not be given to children or adolescents in restaurants, sales outlets or otherwise in public, nor may they be permitted to smoke.
(2) Tobacco products may not be offered in vending machines in public. This shall not apply if a vending machine
1. is set up in a place inaccessible to children and adolescents, or
2. it is ensured by technical devices or constant supervision that children and adolescents cannot remove tobacco products.
§ 11 Film Events
(1) Children and adolescents may only be present at public film events if the films have been approved for screening in front of them by the supreme state authority or an organisation of voluntary self-regulation within the framework of the procedure pursuant to § 14, Sub-Clause 6, or if the films are informational, instructional and educational films which are labelled "Infoprogramm" or "Lehrprogramm" by the provider.
(2) By way of derogation from sub-section 1, children over the age of six may also be permitted to attend public film screenings of films released and labelled for children and adolescents over the age of twelve if they are accompanied by a person with parental authority.
(3) Notwithstanding the requirements of paragraph 1, attendance at public film events may only be permitted if accompanied by a person with parental authority or a person responsible for the child's upbringing.
1. children under six years of age,
2. children aged six and over, if the performance ends after 8 pm,
3. young people under 16 years of age, if the performance ends after 10 p.m,
4. young people aged 16 and over, if the performance ends after midnight.
(4) Paragraphs 1 to 3 shall apply to the public screening of films irrespective of the type of recording and reproduction. They shall also apply to advertising previews and supplementary 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 advertising programmes promoting tobacco products or alcoholic beverages may only be shown after 6 p.m., notwithstanding the requirements of subsections (1) to (4).
§ Section 12 Video carriers with films or games
(1) Recorded video cassettes and other data carriers (image carriers) suitable for distribution and programmed for playback on or playback on screen devices with films or games may only be made accessible to a child or a juvenile in public if the programmes have been released and labelled for their age group by the highest Land authority or an organisation of voluntary self-regulation within the framework of the procedure pursuant to § 14, Sub-Clause 6, or if they are information, instruction and teaching programmes labelled by the provider with "Infoprogramm" or "Lehrprogramm".
(2) The markings pursuant to sub-section 1 shall be indicated by a clearly visible sign on the picture carrier and the cover. The sign shall be affixed to the front of the cover in the lower left-hand corner over an area of at least 1,200 square millimetres and to the image carrier over an area of at least 250 square millimetres. The supreme Land authority may
1. order further details on the content, size, shape, colour and affixing of the signs; and
2. approve exceptions for the placement on the image carrier or the cover. Providers of telemedia who distribute films, film and game programmes shall clearly indicate an existing marking in their offer.
(3) Picture carriers which are not labelled or which are labelled "No Youth Release" according to § 14, Sub-Clause 2 by the supreme state authority or an organisation of voluntary self-regulation within the framework of the procedure according to § 14, Sub-Clause 6 or according to § 14, Sub-Clause 7 by the provider may not be
1. not be offered, given or otherwise made available to a child or young person,
2. not be offered or provided in retail trade outside business premises, in kiosks or other points of sale which customers are not accustomed to entering, or by mail order.
(4) Vending machines for the distribution of recorded media may not be located
1. on public thoroughfares accessible to children or adolescents,
2. outside rooms used for commercial or other professional or business purposes,
3. in unsupervised entrances, anterooms or corridors only if only picture carriers labelled in accordance with § 14, Sub-Clause 2, Nos. 1 to 4 are offered and it is ensured by technical precautions that they cannot be operated by children and juveniles for whose age group their programmes are not released in accordance with § 14, Sub-Clause 2, Nos. 1 to 4.
(5) In derogation from paragraphs 1 and 3, picture media containing excerpts of film and game programmes may only be distributed in combination with periodical publications if they are provided with a notice by the provider which clearly states that an organisation of voluntary self-regulation has determined that these excerpts do not contain any harmful effects on minors. The notice shall be affixed to both the periodical print and the image carrier with a clearly visible sign prior to distribution. Paragraph 2, sentences 1 to 3 shall apply mutatis mutandis. The authorisation pursuant to sentence 1 may be excluded by the supreme Land authority for individual providers.
§ Section 13 Electronic Screen Gambling Devices
(1) Children and adolescents may only play on electronic video game devices without the possibility of winning, which are set up in public, if they are not accompanied by a person authorised to have parental authority or a person responsible for their upbringing, 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 pursuant to section 14 subsection (6), or if they are information, instruction or educational programmes which are labelled by the provider as "information programme" or "educational programme".
(2) Electronic video display units may not be
1. on public thoroughfares accessible to children or adolescents,
2. outside rooms used for commercial purposes or in any other way for professional or business purposes
3. in unsupervised entrances, anterooms or corridors only if their programmes have been approved for children over the age of six and are labelled or marked "information programme" or "educational programme" in accordance with Section 14 sub-section 7.
(3) Section 12(2) sentences 1 to 3 shall apply mutatis mutandis to the affixing of labels to video display units.
§ Section 28 Regulations on Fines - Extract
The administrative offence may be punished by a fine of up to fifty thousand euros.