Procedure of the Review Board for Media Harmful to Young Persons

(1) The Review Board for Media Harmful to Young Persons as a rule acts on application.
(2) The following are entitled to apply: 1. the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, 2. the supreme Land youth authorities, 3. the central supervisory authority of the Länder for the protection of minors in the media, 4. the Land youth welfare offices, 5. the youth welfare offices, 6. the recognised bodies of voluntary self-regulation, 7. the internet complaints offices funded from resources of the European Union, the Federation, the Länder or the Land media authorities, and 8. for an application for removal from the list and for an application for a finding that a medium is not wholly or substantially identical in content to a medium already included in the list, also the persons named in paragraph 7.
(3) Where inclusion in, or removal from, the list is manifestly out of the question, the chair may discontinue the proceedings.
(4) The Review Board for Media Harmful to Young Persons acts of its own motion where an authority not named in paragraph 2, or a recognised provider of voluntary youth welfare assistance, suggests this and the chair of the Review Board for Media Harmful to Young Persons considers conducting the proceedings necessary in the interest of the protection of young persons.
(4a) Applications and suggestions relating to media that are particularly widespread among children and young persons, or through which the concerns of the protection of young persons appear to be affected to a particular degree, may be given priority treatment.
(5) The Review Board for Media Harmful to Young Persons acts of its own motion, at the initiative of the chair, 1. where it is doubtful whether a medium is wholly or substantially identical in content to a medium already included in the list, 2. where it becomes known that the conditions for a medium's inclusion in the list under section 18(7), first sentence are no longer satisfied, or 3. where the inclusion in the list becomes ineffective under section 18(7), second sentence and the conditions for inclusion in the list continue to be satisfied.
(6) Before deciding on the inclusion, in the list, of a digital service or of separable content within a digital service in the sense of a unit of assessment, the Review Board for Media Harmful to Young Persons must give the central supervisory authority of the Länder for the protection of minors in the media the opportunity to comment on the telemedium without delay. The Review Board for Media Harmful to Young Persons must give decisive weight, in its decisions, to statements and applications of the central body of the Länder for the protection of minors in the media. Insofar as a statement of the central supervisory authority of the Länder for the protection of minors in the media is not available to the Review Board for Media Harmful to Young Persons within five working days of the request, it may decide without that statement.
(7) The author, the holder of the rights of use, and, in the case of digital services or of separable content within a digital service in the sense of a unit of assessment, the provider, must be given the opportunity to comment, insofar as their addresses are known to the Review Board for Media Harmful to Young Persons, or the Review Board for Media Harmful to Young Persons can ascertain the addresses, with reasonable effort, from publicly accessible sources by reference to particulars connected with the medium.
(8) The decisions must be served on 1. in the case of carrier media, the author and the holder of the rights of use, 2. in the case of digital services or of separable content within a digital service in the sense of a unit of assessment, the author and the provider, and 3. the applicant authority. The decision must set out in detail the distribution and advertising restrictions arising from it. The statement of reasons must be attached, or served subsequently within one week. The reasoned decision must be transmitted to: 1. the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, 2. the supreme Land youth authorities, 3. the central supervisory authority of the Länder for the protection of minors in the media, 4. the recognised bodies of voluntary self-regulation, the internet complaints offices funded from resources of the European Union, the Federation, the Länder or the Land media authorities, and 5. the authority or body that suggested the proceedings, or the provider that suggested the proceedings under paragraph 4.
(9) The Review Board for Media Harmful to Young Persons should cooperate with the central supervisory authority of the Länder for the protection of minors in the media and maintain a regular exchange of information.
(10) (repealed)