Harmful to minors versus artistic freedom

Publication date: 03/05/2011

14597 times read
 :: 7895 Votes  

Decision of VG Berlin (Administrative Court Berlin) of 16/12/2010, file number: 27 L 355.10

The operator of an Internet portal where erotic art is published in form of literature, pictures and video material, must protect it with a youth protection program or other arrangements, since young people can be affected in their personal development. This does not oppose to the artistic freedom but in case of a conflict between artistic freedom and protection of minors youth protection, the constitutional act should be followed.

Category: Internet Law, Youth Protection, Entscheidungen

Viewing child pornography on the Internet is punishable by law

Publication date: 16/02/2010

11644 times read
 :: 7508 Votes  

Press release of OLG Hamburg (Higher Regional Court Hamburg) about the judgement of 15/02/2009

According to a revision judgement of the Higher Regional Court of Hamburg, deliberate and intended viewing of internet sites containing child pornography is punishable by law. The Higher Regional Court of Hamburg extended the concept of possession of the § 184b paragraph 4 StGB (Criminal Code) including also the downloading of files from the internet in the cache of the browser in that definition.

Category: Internet Penal Law, Youth Protection, Internet Law, Press Releases, Entscheidungen

Rejected constitutional complaint against legally existing age verification obligation

Publication date: 22/10/2009

22173 times read
 :: 11473 Votes  

Decision of the BVerfG (Federal Constitutional Court) of 24/09/2009, file numbers: 1 BvR 1231/04, 1 BvR 710/05, 1 BvR 1184/08

According to § 184 d StGB (Penal Code), suppliers of pornographic contents are responsible for ensuring through technical precautions that the pornographic content is not accessible for people under 18s. The age verification obligation is not inapplicable to protect minors against the negative influence of pornographic contents since these are freely available on the internet.  A law is already adequate to reach the aimed purpose when the reaching purpose is promoted.

Category: Internet Law, Internet Penal Law, Youth Protection, Media Law, Telecommunication law, Entscheidungen

My child should not stay in the media

Publication date: 14/08/2009

22127 times read
 :: 14402 Votes  

Decision of BGH (Federal Supreme Court) of 30/06/2009, file number: VI ZR 339/08

A monetary indemnity due to insistent serious injury of the right in own picture depends on the particular cases evaluation; children must be protected more comprehensive than adults. Cease and desist letter and measures of compliance would have a satisfaction function.

Category: Youth Protection, Photo Law, Press Law, Indemnity, Entscheidungen

Sex and the city - no broadcast before 20:00 o'clock

Publication date: 26/02/2009

18110 times read
 :: 9156 Votes  

Judgement of VG Berlin (Administrative Court Berlin) of 28/01/2009, file number: VG 27 A 61.07

With the broadcast of an episode of the serie „Sex and the city “ before 20.00 o'clock ProSieben has offended against the Protection of Young Persons Act, because it could possible prejudice the development of children under 12 years, according to the youth medium protection agreement between the Federal States (JMStV). With these grounds the administrative court Berlin has rejected the claim of the television broadcasting station against an objection decision of the media institution of Berlin-Brandenburg (MABB).

Category: Youth Protection, Media Law, Entscheidungen

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