Labelling on film and game platforms

(1) Film and game platforms are service providers that combine films or games in an overall offering and, with the intention of making a profit, make them available as their own content for individual retrieval at a time chosen by the users. Film and game platforms under the first sentence may make a film or a game available only where it bears a corresponding, clearly perceptible label in accordance with the age groups under section 14(2), which was applied 1. within the framework of the procedure under section 14(6), or 2. by a body of voluntary self-regulation recognised under section 19 of the Interstate Treaty on the Protection of Minors in the Media, or by a youth protection officer certified by a body of voluntary self-regulation under section 7 of the Interstate Treaty on the Protection of Minors in the Media, or, 3. where no labelling within the meaning of no. 1 or 2 exists, by an automated rating system, recognised by the supreme Land authorities, of a body of voluntary self-regulation active within the framework of an agreement under section 14(6). Sections 10b and 14(2a) apply accordingly.
(2) The service provider is exempted from the duty under paragraph 1, second sentence where the film or game platform has demonstrably fewer than one million users domestically. The duty further does not exist for films and games for which it is ensured that they are made accessible exclusively to adults.
(3) This provision also applies to service providers whose home country is not Germany. Sections 2 and 3 of the Digital Services Act (national implementing act) remain unaffected.