The BLM monitors the services it has licensed to ensure that the broadcasters comply with the regulations for the protection of minors. The Interstate Treaty for the protection of human dignity and the protection of minors in the media (JMStV) prohibits any infringement of human dignity, the glorification of war or the transmission of pornographic contents in any television broadcast. The Treaty entered into force on 1 April 2003; its stipulations cover broadcasting contents as well as services provided via the internet. Consequently, the BLM is now also in charge of online service providers located in Bavaria.
Together with the JMStV, the Youth Protection Act (JuSchG) entered into force. This marked a major change in the division of responsibilities between Federal Government on the one hand, and the German states on the other hand. Under the JMStV, the sixteen German states now regulate all online media services in Germany while the JuSchG attributes the regulation of all offline media to the Federal authorities.
Control over private broadcasting and internet services is now concentrated under the roof of the Commission for the protection of minors in the media (KJM). The KJM is an organ of the regulatory authorities which appoint six of its twelve members and hold the chair. The highest state authorities for the protection of minors appoint four members while the highest federal youth authorities delegate two members.
The chair of the KJM is currently held by Prof. Dr. Wolf-Dieter Ring, the President of the BLM. The BLM coordinates the activities of the chairman and all matters relating to content issues and public relations.
The remit of the KJM
The KJM certifies bodies taking over self-regulation on behalf of service providers; it also draws up the appropriate guidelines for the certified self-regulators. The KJM acts only retroactively, i.e. after a broadcast has been aired. On broadcasts which have not been assessed by the self-regulator in advance and which violate the JMStV, the KJM will decide.
Watersheds
To make the protection of minors and human dignity in the internet as effective as possible, the KJM cooperates with other institutions dealing with the protection of minors. They include jugendschutz.net, an institution set up by the German states for the protection of minors in the internet, and the Federal body for the assessment of offline media (BPjM). Internet services which might impair or endanger the development of minors or illegal contents will be identified and assessed. If such contents violate the regulations of the JMStV or other relevant legislation, measures are taken against the service provider.
If the KJM finds that the regulations for the protection of minors have been violated, it will decide what measures are to be taken against the provider. The measures will then be executed by the regulatory authority under whose area of responsibility the provider is located. Under the remit specified in this respect for the regulatory authorities in the JMStV, they can impose sanctions ranging up to 500.000 Euros.