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Section 23

Simplified procedure

(1) The Review Board for Media Harmful to Young Persons may decide on the inclusion of media in the list of media endangering young persons in a simplified procedure where 1. the medium is manifestly capable of endangering the development of children or young persons, or their upbringing into personally responsible and socially capable individuals, or 2. in the case of a digital service, the decision is taken on application, or following a statement of the central supervisory authority of the Länder for the protection of minors in the media. In the simplified procedure, the decision is taken by the chair and two further members of the Review Board for Media Harmful to Young Persons, of whom one member must belong to one of the groups named in section 19(2) nos. 1 to 4. A decision in the simplified procedure may be taken only unanimously. Where a unanimous decision is not reached, the Review Board for Media Harmful to Young Persons decides in its full composition (section 19(5)).
(2) Inclusion in the list under section 22 is not possible in the simplified procedure.
(3) Against the decision, the persons concerned (section 21(7)) may, within one month of service, apply for a decision by the Review Board for Media Harmful to Young Persons in its full composition.
(4) After ten years have elapsed since a medium's inclusion in the list, the Review Board for Media Harmful to Young Persons may resolve, in the simplified procedure, on removal from the list, subject to the condition of section 21(5) no. 2.
(5) Where there is a danger that a medium will be distributed, disseminated or made accessible on a large scale within a short time, and final inclusion in the list is manifestly to be expected, inclusion in the list may be provisionally ordered in the simplified procedure. Paragraph 2 applies accordingly.
(6) The provisional order must be removed from the list upon the final decision of the Review Board for Media Harmful to Young Persons, but at the latest after one month has elapsed. The period under the first sentence may be extended, before its expiry, by at most one month. Paragraph 1 applies accordingly. Insofar as the provisional order must be published in the Federal Gazette, this also applies to the extension.

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