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13.12.2024

The Youth Protection Act

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3 minutes reading time
0-17 years
Communication
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Copyright: photothek.de

Just as the Highway Code lays down rules for safe traffic, the Youth Protection Act ensures that children and young people are protected in the media world. Especially in a digitalized society, it is more important than ever to offer young people guidance and protection.

Children and young people in a digitalized world

The Youth Protection Act(JuSchG) regulates, among other things, how media must be designed today so that children and young people are not exposed to any dangers when using it. The comprehensively modernized version, which has been in force since May 2021, focuses more strongly on digital services. While previous versions focused primarily on so-called carrier media such as video cassettes and DVDs, CR-ROMs or audio carriers, the updated law also takes into account the challenges of the internet. Media providers must comply with this, otherwise they face penalties. However, this is not so easy because it is a German law and the Internet knows no national borders. However, if the providers of certain services are based in Germany, they must follow these rules. The EU’s Digital Services Act (DSA), which has provided uniform rules for digital service providers across Europe since the beginning of 2024, brings additional pressure.

The most important regulations

The Youth Protection Act stipulates the age at which young people may have access to certain media – films, programs and online content. In doing so, it draws on the age ratings of the self-regulatory bodies. Providers are obliged to make default settings that protect children and young people in particular from interaction risks such as bullying, sexualized speech(cybergrooming), hate speech, tracking and cost traps.

Many online services and apps therefore have integrated parental control settings, for example TikTok and Instagram. They carry out precise checks on how old users are or even use video procedures to prove their identity. Nevertheless, it is difficult to implement this rule: It is almost impossible to find out for sure whether the answer is really correct by simply asking the user’s age.

The law also provides for reliable, uniform age ratings for games and films that are used online. In addition, the classification is no longer based solely on content, but also on possible interaction risks such as cybergrooming and cost traps.

Previously, the familiar age ratings of the USK and FSK only applied to games and films that were available on so-called carrier media (such as CD-ROMs or video cassettes). Online providers did not have to provide any age information.

Children and young people should be able to easily seek help and complain if they feel threatened or harassed while using media.

The new Federal Agency for the Protection of Children and Young People in the Media is to ensure that these regulations are actually enforced. Organizations such as the Freiwillige Selbstkontrolle Multimedia-Diensteanbieter e.V. have online complaints offices to which young media users and adults can turn to report illegal content or content harmful to minors.

Since 2024, there have also been new regulations throughout Europe for offers that are particularly aimed at children and young people:

Platforms must explain their terms and conditions (terms and conditions of use) in such a way that young users can also understand them well.

The long, hard-to-read texts that are often carelessly clicked away when registering must therefore be replaced by new, comprehensible texts. This should enable children and young people to really understand what they are getting into when they sign up.

Privacy, security and protection of minors should be improved: Providers of apps or programs should take measures to protect their users as well as possible from dangers such as fraud, bullying or hate speech.

Unfortunately, the exact measures have not yet been defined and there are few exemplary solutions. However, the European Commission can issue guidelines to support providers in implementing the precautionary measures.

On platforms such as Tiktok or Instagram, young users create profiles that also contain private information. According to current regulations, however, children and young people may no longer be shown personalized advertising based on this information.

The platform operators must also conscientiously ask the age of the users for this – because children and young people are even less able to see through the fact that personalized advertising is being targeted at them, which is why they need even greater protection than adults.

Orientation for parents

The repeated revisions of the Youth Protection Act are important in order to adapt legal regulations to the media reality of children and young people. The law can be an important guide for you as parents and offers protection to a certain extent. At least if the providers comply with the obligations set out in the law. Unfortunately, it cannot be ensured that this is always the case. In addition, a frame does not fit each child individually. That is why you should accompany your child very closely in his or her media use, especially in the younger years. The older your child gets, the more freedom they need. Always stay in touch about his media use. This is the only way you can help if, despite protective measures, it has unpleasant experiences on the net or does not understand something.

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