Labelling of films and games

(1) Films and games may not be approved for children and young persons where they impair the development of children and young persons in the relevant age group.
(2) The supreme Land authority, or an organisation of voluntary self-regulation within the framework of the procedure under paragraph 6, shall label films and games as
1. "Released without age restriction",
2. "Released for ages 6 and over",
3. "Released for ages 12 and over",
4. "Released for ages 16 and over",
5. "No youth release".
(2a) The supreme Land authority, or an organisation of voluntary self-regulation, should, within the framework of the procedure under paragraph 6, beyond the age groups under paragraph 2, label films and games with symbols and other means indicating the principal reasons for the age release of the medium and its potential impairment of personal integrity. The supreme Land authority may order more detailed provisions on the design and affixing of the symbols and other means.
(3) Where a film or a game has, in the assessment of the supreme Land authority or of an organisation of voluntary self-regulation within the framework of the procedure under paragraph 6, content of a kind named in section 15(2) nos. 1 to 5, or is included in the list under section 18, it is not labelled. The supreme Land authority must communicate to the competent prosecuting authority facts giving rise to the inference of an infringement of section 15(1).
(4) Where a film or a game is, wholly or substantially, identical in content to a medium included in the list under section 18, labelling is excluded. Whether identity of content exists is decided by the Review Board for Media Harmful to Young Persons. The first sentence applies accordingly where the conditions for inclusion in the list are satisfied. In cases of doubt, the supreme Land authority, or an organisation of voluntary self-regulation, shall, within the framework of the procedure under paragraph 6, obtain a decision of the Review Board for Media Harmful to Young Persons.
(4a) Paragraph 4 does not apply to release decisions under section 11(1).
(5) The labelling of films also applies to the screening, at public film screenings, of films identical in content, where and insofar as the supreme Land authorities do not determine otherwise in the agreement on the procedure under paragraph 6. The labelling of films for public film screenings may be transferred to films identical in content for image carriers, screen gaming devices and digital services; paragraph 4 applies accordingly.
(6) The supreme Land authorities may agree a joint procedure for the approval and labelling of films and games, on the basis of the results of review by organisations of voluntary self-regulation borne or supported by trade associations. Within the framework of this agreement, it may be determined that the approvals and labels given by an organisation of voluntary self-regulation are approvals and labels of the supreme Land authorities of all the Länder, insofar as a supreme Land authority does not make a differing decision for its own area. Bodies of voluntary self-regulation recognised under the provisions of the Interstate Treaty on the Protection of Minors in the Media may conclude an agreement with the supreme Land authorities under the first and second sentences.
(6a) The joint procedure under paragraph 6 should provide that age ratings confirmed by the central supervisory authority of the Länder for the protection of minors in the media under the Interstate Treaty on the Protection of Minors in the Media, or age ratings of the organisers of public-law broadcasting, have effect as approvals within the meaning of paragraph 6, second sentence, insofar as this is not incompatible with the decision-making practice of the supreme Land authorities. Paragraphs 3 and 4 remain unaffected.
(7) Films and games for informational, instructional or educational purposes may be labelled by the provider as "information programme" or "educational programme" only where they manifestly do not impair the development or upbringing of children and young persons. Paragraphs 1 to 5 do not apply. The supreme Land authority may exclude the right to provider labelling for individual providers or for particular films and games, and may set aside labels applied by the provider.
(8) Where films, image carriers or screen gaming devices contain, alongside the films or games to be labelled, titles, additions or further presentations in texts, images or sounds that may be capable of impairing the development or upbringing of children or young persons, these must also be taken into account in deciding on the labelling.
(9) Paragraphs 1 to 6 and 8 apply accordingly to the labelling of films and games intended for distribution in digital services and capable of being labelled.
(10) The supreme Land authority may agree with the bodies of voluntary self-regulation more detailed provisions on the design and affixing of the labelling under section 14a(1).