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Home› Digital Consumer & Youth Protection› JuSchG (EN)

Section 12

Image carriers with films or games

(1) Data carriers suitable for being passed on and programmed for reproduction on, or play at, screen devices with films or games (image carriers) may be made accessible to a child or young person in public only where the programmes have been approved and labelled for their age group by the supreme Land authority or by an organisation of voluntary self-regulation within the framework of the procedure under section 14(6), or where they are informational, instructional or educational programmes labelled by the provider as "information programme" or "educational programme".
(2) The labelling under paragraph 1 must be indicated on the image carrier and on its case by a clearly visible symbol. The symbol must be affixed on the front of the case, at the lower left, on an area of at least 1,200 square millimetres, and on the image carrier on an area of at least 250 square millimetres. The supreme Land authority may
1. order more detailed provisions on the content, size, shape, colour and affixing of the symbols, and
2. approve exceptions to affixing them on the image carrier or the case. Providers of digital services that distribute films and games must clearly draw attention, within their offering, to any labelling that exists.
(3) Image carriers not labelled, or labelled "No youth release" under section 14(2), by the supreme Land authority or by an organisation of voluntary self-regulation within the framework of the procedure under section 14(6), or by the provider under section 14(7), may
1. not be offered, transferred or otherwise made accessible to a child or young person,
2. not be offered or transferred in retail trade outside business premises, at kiosks or other points of sale not habitually entered by customers, or by mail order.
(4) Vending machines dispensing recorded image carriers may be installed
1. on public thoroughfares accessible to children or young persons,
2. outside rooms used commercially or otherwise in a professional or business capacity, or
3. in the unsupervised entrances, vestibules or corridors of such rooms, only where exclusively image carriers labelled under section 14(2) nos. 1 to 4 are offered, and it is ensured by technical precautions that they cannot be operated by children and young persons for whose age group their programmes are not approved under section 14(2) nos. 1 to 4.
(5) Image carriers containing excerpts of films and games may, by way of derogation from paragraphs 1 and 3, be distributed together with periodical printed publications only where they carry a notice from the provider clearly stating that an organisation of voluntary self-regulation has established that these excerpts contain no impairment for young persons. The notice must be affixed, before distribution, by a clearly visible symbol both on the periodical printed publication and on the image carrier. Paragraph 2, first to third sentences applies accordingly. The supreme Land authority may exclude the entitlement under the first sentence for individual providers.

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