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Section 18

List of media endangering young persons

(1) Media that are capable of endangering the development of children or young persons, or their upbringing into personally responsible and socially capable individuals, must be included by the Federal Agency, following a decision of the Review Board for Media Harmful to Young Persons, in a list (list of media endangering young persons). These include in particular indecent media, media with a brutalising effect, or media inciting to violence, crime or racial hatred, as well as media in which
1. acts of violence such as scenes of murder and slaughter are depicted gratuitously and in detail, or
2. vigilante justice is suggested as the only proven means of enforcing supposed justice.
(2) (repealed)
(3) A medium may not be included in the list
1. solely on account of its political, social, religious or ideological content,
2. where it serves art or science, research or teaching,
3. where it is in the public interest, unless the manner of presentation is objectionable.
(4) In cases of minor significance, inclusion of a medium in the list may be dispensed with.
(5) Media must be included in the list where a court has found, in a final and binding decision, that the medium has content of a kind described in section 86, 130, 130a, 131, 184, 184a, 184b or 184c of the Criminal Code. Section 21(5) no. 2 remains unaffected.
(5a) Where the Review Board for Media Harmful to Young Persons becomes aware that a decision under paragraph 5, first sentence giving rise to the list entry has been set aside, it must without delay examine of its own motion whether the conditions for the medium's continued inclusion in the list are still satisfied.
(6) The Review Board for Media Harmful to Young Persons shall, in its decisions, assess whether a medium has content of a kind named in sections 86, 130, 130a, 131, 184, 184a, 184b or 184c of the Criminal Code. Where it finds that this is so, it must forward its decision, reasoned also to that extent, to the competent prosecuting authority.
(7) Media must be removed from the list where the conditions for inclusion no longer exist. An inclusion in the list loses effect after 25 years have elapsed.
(8) Paragraph 1 does not apply to films and games labelled under section 14(2) nos. 1 to 5, including in conjunction with section 14(9). Paragraph 1 further does not apply where the central supervisory authority of the Länder for the protection of minors in the media has previously taken a decision, in relation to the digital service, to the effect that the conditions for inclusion in the list of media endangering young persons under paragraph 1 are not satisfied. Where a recognised body of self-regulation has previously assessed the digital service, paragraph 1 applies only where the central supervisory authority of the Länder for the protection of minors in the media considers the conditions for inclusion in the list of media endangering young persons under paragraph 1 to be satisfied, or no decision of the central supervisory authority of the Länder for the protection of minors in the media exists.

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