Regulation on the implementation of the Youth Protection Act (DVO-JuSchG)

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DVO-JuSchG

Date of completion: 09.09.2003

Full quote:

" Regulation implementing the Youth Protection Act of 9 September 2003 (BGBl. 1791), as defined by Article 4 (11) of the Law of 5 May 2004 (BGBl). 718).

Status:

Amended by Art. 4 (11) of the Law of the European Union, 5.5.2004 I 718

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 13.9.2003 + + +) 

  

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Input formula

On the basis of § 26 of the Youth Protection Act of 23 July 2002 (BGBl. I p. 2730, 2003 I p. 476), the Federal Government is responsible for: Unofficial table of contents

§ 1 Office of the Federal Office for the Media Harmful Media

The seat of the Bundesprüfstelle für jugendjeopardidende Medien is Bonn. Unofficial table of contents

§ 2 Start of proceedings

(1) The application for the inclusion of a carrier medium (Section 1 (2) of the Youth Protection Act) or a telemedium (Section 1 (3) of the Youth Protection Act) into the list of media that endanger young people by means of a body named in section 21 (2) of the Youth Protection Act in writing or in electronic form and justifying it. The application shall be accompanied by at least one copy of the carrier media and at least one printout of the web pages on which the application is based. If the application is transmitted by fax or by electronic means, the facilities required by the second sentence shall be submitted. (2) The suggestion for the inclusion of a carrier medium or a telemedium in accordance with Article 21 (4) of the Youth Protection Act in the List of media harmful to young people shall be justified in writing. At least one specimen shall be added to the excitation in the case of carrier media. If the suggestion is made by a recognised institution of the free youth assistance, this is to prove its recognition in accordance with § 75 of the Eighth Book Social Code. The justification and proof of recognition may also be provided by fax or by electronic means. Unofficial table of contents

§ 3 Uniform procedure

If several requests or suggestions are submitted for the same medium, all applications and suggestions must be negotiated and decided in a uniform procedure. Unofficial table of contents

§ 4 Participants

The parties to the proceedings are the applicant or the applicant, the copyright holder or the copyright owner or the owner or the owner of the rights of use, the author or the author or the author of the proceedings in the case of telemedia. The provisions of § § 3, 4 (1) and § 7 of the German Copyright Act (Copyright Act) are applicable. Unofficial table of contents

§ 5 Negotiation date

(1) The chairman of the Bundesprüfstelle shall determine the date of the negotiation. (2) The notification of the trial date shall be sent to the parties at least two weeks before the hearing if they are domicated or not. commercial establishment domestiy. Deliveries are made in accordance with the Administrative Appointing Act. At the same time, the members of the Bundesprüfstelle (Bundesprüfstelle) and their representatives appointed to participate in the decision must be repudiated to the parties. The notifications of the parties concerned, with the exception of the applicant or the applicant, must be accompanied by a copy of the application. (3) The Bundesprüfstelle (Bundesprüfstelle) has submitted a copy of the opinion of the Commission to the parties concerned. (4) The parties can waive the notification of the date and the deadline. (5) The notice (paragraph 2) is due to be notified in due time (paragraph 2) before the start of the hearing to determine. If the notification is not established or does not take place within the time limit laid down in paragraph 2, the hearing shall be forgiven if the notification or the compliance with the deadline has not been waived. Unofficial table of contents

§ 6 Befanity of members of the Bundesprüfstelle für jugendjeopardidende Medien

(1) A member of the Bundesprüfstelle (Bundesprüfstelle/Bundesprüfstelle/Bundesprüfstelle/Bundesprüfstelle/Bundesprüfstelle/Bundesprüfstelle/Bundesprüfstelle), which is declared to This declaration is to be made in good time before the start of the hearing. (2) The parties may refuse a member of the Bundesprüfstelle because of partiality, if there is a reason that is appropriate, suspicion of the impartiality of the (3) The rejection by one or one of the parties concerned shall be submitted to the Bundesprüfstelle in writing until the third day before the hearing. The reason for refusal is to be made credible. The other members of the Bundesprüfstelle shall decide on the rejection request after hearing the rejected member with a simple majority of votes. The decision shall not be countervailable. (4) In the cases referred to in paragraphs 1 and 2, the person entitled to represent him shall be replaced by the chairman or the chairman. Unofficial table of contents

Section 7 Negotiating principles

(1) The trial is oral. The chairman or the chairman may draw on witnesses and experts to negotiate. Certificates and expert reports as well as other documents can be read out. For the compensation of witnesses as well as the remuneration of experts, the provisions of the Justice and Compensation Act apply accordingly. (2) The trial is not public. The parties have a right to be present; the chairperson or the chairman may allow other persons to be present. (3) The parties may be represented by persons authorized in writing. Unofficial table of contents

§ 8 Implementation of the hearing

(1) The Chairman of the Federal Audit Office shall open, initiate and close the trial. (2) The parties present or the persons authorized to represent them shall be heard. (3) The members of the co-sitter shall be entitled to ask questions to the parties concerned. (4) The negotiation shall be a transcript of letters. Unofficial table of contents

§ 9 Consultation, Voting, Decision, Delivery

(1) In the case of deliberation and voting, only the members of the Federal Audit Office appointed for the decision and with the approval of the chairman or the chairman may also be present to the Federal Office for Training in the Higher Service shall be allocated. You are obliged to keep silent about the fall in the consultation and vote. (2) The decision is made on the basis of the oral proceedings by the properly staffed Federal test office. It shall be promulgated after consultation and vote and shall be signed by the chairman or the chairman. The notification of the decision in accordance with Section 21 (8) of the Juvenile Protection Act shall take place within two weeks after the conclusion of the hearing. (3) Delivery shall be effected in accordance with the Administrative Delivery Law. Unofficial table of contents

Section 10 Simplified procedure

(1) If a carrier medium or a telemedium is to be included in the list in the simplified procedure (§ 23 of the Youth Protection Act), the chairman of the Federal Audit Office shall inform the parties (§ 4) thereof. The first sentence of Article 5 (2) shall apply accordingly. The notification shall be notified to the recipient or the recipient at least one week before the decision. The notifications of the parties concerned-with the exception of the applicant or the applicant-shall be accompanied by a copy of the application. Section 5 (3) shall apply accordingly. The applicant shall not be notified if she or she has not requested or has requested the decision in the simplified procedure. (2) The decision pursuant to Section 23 of the Youth Protection Act shall be taken without oral proceedings. (3) The request of the persons concerned in accordance with § 23 (3) of the German Youth Protection Act must be justified in writing and has to respond to the points of the youth endangerment named in the decision. The same applies to the application for list submission in accordance with Section 23 (4) of the Youth Protection Act. If applications are not duly substantiated, the chairman or the chairman may arrange for the Bundesprüfstelle not to act. Unofficial table of contents

Section 11 obligations

The Chairperson of the Federal Audit Office shall, at the beginning of the first meeting in which they participate, and persons to whom they or he have been present in the presence of the presence in accordance with Article 9 (1) sentence 1, shall be informed of the advisory and Obligation of voting (Section 9 (1) sentence 2), to teach the members of the condolence of the freedom of instructions (Section 19 (4) of the Youth Protection Act). In addition, the group members (Section 19 (2) of the Youth Protection Act) must be obliged by the chairman or the chairman to exercise their duties in a conscientious and impartial manner. A minutes shall be recorded on the commitment negotiation. Unofficial table of contents

§ 12 Deputy Members of the Federal Audit Office for Media Harmful to Young Adolescents

(1) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall appoint the person entitled to represent the Chairman or Chairperson. Each Land government shall appoint the persons entitled to represent the co-workers appointed by it. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth appoites several members of each group of § 19 (2) of the German Youth Protection Act (Jugendschutzgesetz) and the persons entitled to represent them. (2) The order in which the In accordance with Section 19 (2) of the German Youth Protection Act, group members participate in the individual negotiations, is determined in advance by the chairman of the Federal Audit Office (Bundesprüfstelle) for a certain period of time. (3) For the change of the Country-sitters shall be appointed by the Chairperson or the Chairperson of the The Federal Audit Office, in agreement with the counties of the Länder, shall establish a fixed order in advance for a given period of time. (4) The two members of the sitter who shall take decisions pursuant to Section 23 of the (5) In order to prevent the participation of persons entitled to represent them, persons entitled to represent them shall be determined in advance by the Bundesprüfstelle (Bundesprüfstelle/Bundesprüfstelle) in the respective negotiating positions for a certain period of time. Members of the Advisory Board who have been expatriated and who are entitled to represent them Persons appointed in accordance with the order laid down in paragraphs 2 to 4; the person appointed to represent him or his/her representative shall be replaced by a chairman or a chairman who has been prevented or retired from the office. Unofficial table of contents

§ 13 Guided tour and publication of the list

(1) The Bundesprüfstelle (Bundesprüfstelle) lists the media that are harmful to young people in accordance with Section 18 (2) of the German Youth Protection Act (Jugendschutzgesetz) in parts A, B, C and D. For continuous updating by new entry or deletion, as well as for the re-edition of the list (2) The Bundesprüfstelle shall publish the parts A and B of the list in a suitable manner in a clear and clear form. This shall also apply to parts corresponding to parts A and B of the list to be kept at the Federal Test Office by 31 March 2003. Unofficial table of contents

Section 14 Cooperation with the Commission for the Protection of Youth Media

(1) Before taking a decision on the inclusion of a telemedium on the list of harmful media, the Bundesprüfstelle (Bundesprüfstelle) has to seek the opinion of the Commission for the Protection of Youth Media Protection (Art. 21 (6) of the Youth Protection Act), unless it is This has already been decided on (Section 18 (8) sentence 2 of the Youth Protection Act) and has notified the Federal Audit Office (Bundesprüfstelle). Insofar as this opinion is not available within five working days of the request, the Bundesprüfstelle may decide without this opinion. (2) For the notification of decisions on the inclusion of a telemedium in the list According to Article 24 (5) of the German Youth Protection Act, the Bundesprüfstelle (Bundesprüfstelle) from the Commission for the Protection of Young People's Media provides an overview of the recognized institutions of self-regulation. (3) To ensure an effective The Bundesprüfstelle informs the Commission for the protection of minors in the field of youth media their decisions on the listing of telemedia as well as related relevant questions and events. Unofficial table of contents

Section 15 Duty of notification

(1) If a carrier medium is included in the list of media hazardous to young people, but the inclusion in the list is not disclosed in accordance with § 24 (3) sentence 2 of the Youth Protection Act, the Federal Audit Office shall inform the supreme State Youth Office of the Date of notification of the decision. (2) If a telemedium is included in the list of media which endanger young people and if the action has been committed in Germany, the Bundesprüfstelle (Bundesprüfstelle) of the Commission for the Protection of Youth Media shall notify the date of the Delivery of the decision with. (3) If delivery is unsuccessful, the Bundesprüfstelle shall Communicate the decisions in accordance with § 24 (5) of the German Youth Protection Act to the bodies of self-regulation recognized in the area of telemedia. Unofficial table of contents

Section 16 Entry into force, external force

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed.