Regulation On The Implementation Of The Law On Protection Minors

Original Language Title: Verordnung zur Durchführung des Jugendschutzgesetzes

Read the untranslated law here: http://www.gesetze-im-internet.de/juschgdv/BJNR179100003.html

Regulation on the implementation of the law on protection minors (DVO JuSchG) DVO JuSchG Ausfertigung date: 09.09.2003 full quotation: "regulation on the implementation of the law on protection minors of 9 September 2003 (BGBl. I p. 1791), by article 4 paragraph 11 of the law of May 5, 2004 (BGBl. I S. 718) is changed" stand: as amended by article 4 para 11 G v. may I 718 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 13.9.2003 +++) input formula on the basis of article 26 of the law on protection minors of 23 July 2002 (BGBl. I S. 2730, 2003 I S. 476) the Federal Government enacted: § 1 seat of the Federal Department for media harmful to young persons the Federal Department for media harmful to young persons is Bonn.

§ 2 in writing or electronically to the procedure (1) which is the application for inclusion of a carrier medium (§ 1 para 2 of the law on protection minors) or tele media (§ 1 para. 3 of the law on protection minors) in the list of unsuitable media by an authority named in § 21 para 2 of the law on protection minors and to establish. At least one copy should the application for media and telecommunications industry include at least an expression of underlying the request Web pages. The request by facsimile or electronically transmitted, the systems required pursuant to sentence 2 should be filed later.
(2) the suggestion on recording a transfer medium or tele media according to section 21 (4) of the law on protection minors in the adult media list to be justified in writing. The suggestion should be added at least a copy for media. The stimulation is carried out by a recognised vehicle of welfare, this should prove its recognition according to § 75 of the eighth book of the social code. The reasoning and proof of recognition may be transmitted by fax or electronically.

Section 3 common procedure are because of the same medium multiple requests made or submitted suggestions, is to negotiate all proposals and suggestions in a single procedure and to decide.

§ 4 stakeholders involved in the process are the applicant, or the applicant for media the author or the author or the owner or the holder of the rights, when Telemedia the author or the author or the provider. The provisions of § § 3, 4 (1) and § 7 of the Copyright Act appropriate apply.

§ 5 hearing (1) the or the Chairman of the Federal Review Board determined the trial date.
(2) the notice of the hearing date is at least two weeks before the trial to make to the parties, if they have their residence or their commercial presence in the country. Deliveries are made after the Administration notification law. The Federal Review Board members appointed to participate in the decision and their representation are the parties at the same time designated. An imprint of the claim is the notification of stakeholders - other than the applicant or the applicant's - to be attached.
(3) the Bundesprüfstelle has send a print of the opinion of the Commission for youth protection in the media (art. 21 para 6 of the law on protection minors) stakeholders.
(4) the parties may waive notification of the date and the period.
(5) the timely notification (paragraph 2) is before the beginning of the negotiations. Is not to determine the notification or does not take place within the time limit of in paragraph 2, is negotiating to defer, if is not dispensed on the notification or the compliance with the time limit.

§ 6 conflict of interest of members of the Federal Department for media (1) a member of the Bundesprüfstelle, which must be in an individual case for timid explained at a hearing and decision are not complicit. This should be said in time before the start of the negotiations.
(2) the parties may refuse a member of the Federal Department of partiality, if there is a reason which is such as to justify distrust the impartiality of the Member.
(3) the refusal should be in writing by one or one of the parties the Bundesprüfstelle till the third day before the trial. The reason is to make credible. The other members of the Federal Review Board decide on the request of rejection of after hearing of rejected member with a simple majority. The decision is not subject to appeal.
(4) in the cases of paragraphs 1 and 2 of or the Chairman takes the person authorized to represent the place.

§ 7 negotiating principles (1) the proceedings are oral. That or the Chairman can be used at the hearing witnesses or witnesses and experts. Reports and expert opinions as well as other documents can be read. The rules for the compensation of witnesses, as well as the remuneration of experts according to the rates and compensation law.
(2) the proceedings are not public. The parties have a right to presence; that or the Chairman may permit the presence of other people.
(3) the parties may be represented by persons authorized in writing.

§ 8 the or the Chairman of the Federal Department opened in conducting the proceedings (1), directs and closes the proceedings. The maintenance of order in the session is whether her or him.
(2) the present involved or the persons entitled to its representation can be heard.
(3) the directors and associate members are entitled to direct questions to the parties.
(4) of the proceedings is to produce a transcript.

Advice, coordination, decision, delivery (1) with advice and coordination section 9 may only members appointed to the decision of the Federal Department and with approval of the or of the presiding also such people present that the Federal Department to the education in the senior civil service, are allocated. You are obliged to maintain strict confidentiality about the sequence of events in the consulting and voting.
(2) the decision takes place on the basis of the hearing by the properly occupied Federal Review Board. She will be following the advice and vote proclaimed and must be signed by the or the Chairman. The notification of the decision according to § 21 para. 8 of the law on protection minors is scheduled within two weeks after the conclusion of the hearing.
(3) delivery shall be made the Administration notification law.

Article 10 simplified procedure (1) to include a medium or a tele media under the simplified procedure (article 23 of the law on protection minors) in the list, so that or the Chairman of the Federal Department of the parties (section 4) has to notify about this. Section 5, paragraph 2, sentence 1 shall apply accordingly. The notification must be received at least one week before the decision is taken by the recipient or the recipient. An imprint of the claim is the notification of stakeholders - other than the applicant or the applicant's - to be attached. § 5 para 3 shall apply mutatis mutandis. The applicant or the applicant is not notified when he or she has waived or applied for the decision under the simplified procedure.
(2) the decision is adopted in accordance with article 23 of the law on protection minors without oral proceedings.
(3) the application of the person concerned according to § 23 paragraph 3 of the law on protection minors must be justified in writing and has to respond to the points of danger, named in the decision. The same applies to the application for deletion of the list according to section 23 (4) of the law on protection minors. Requests are not sufficiently substantiated, so that or the Chairman can cause, that the Federal Review Board is not working.

§ 11 teaching duties which or the Chairman of the Bundesprüfstelle has the assessors and advisors, as well as persons to whom he or she has provided the attendance by section 9, subsection 1, sentence 1, at the beginning of the first meeting, in which they participate to instruct the Advisory and voting secrecy (§ 9 para 1 sentence 2), assessors and associate members also on the freedom of instruction (section 19 para 4 of the law on protection minors). The Group directors and-beisitzer (section 19 para 2 of the law on protection minors) of the Chairman on the conscientious and impartial performance of their duties to commit are also. Of the commitment proceedings, a transcript is to record.

§ 12 alternates of the Federal Department for media (1) the Federal Ministry of family, senior citizens, women and youth appoints the person authorized to represent the or of the Chairperson. Each provincial government appoints the to represent the persons entitled by their appointed directors and associate members. The Federal Ministry for family, senior citizens, women and youth appoints several directors and associate members and persons entitled to their representation from each group of the section 19 para 2 of the law on protection minors.
(2) the order participate in the group participate and-beisitzer according to § 19 para 2 of the law on protection minors in individual negotiations, is set in advance by which or the Chairman of the Federal Department for a certain period of time.
(3) for the change of the country directors and-beisitzer a fixed order is set by the Chairman or the Chairman of the Federal Review Board in consultation with the country directors and-beisitzern for a certain period of time in advance.
(4) the two assessors or assessors who participate have decisions according to article 23 of the law on protection minors and persons entitled to their representation be determined in advance by the Federal Department in the respective negotiation occupation for a specific period of time.
(5) in place of non-attending or departing directors and assessors join persons entitled to their representation after the in the paragraphs 2 to 4 of established order; the person appointed to her or his representative takes the place of an or a non-attending or departing Chairman.

§ 13 management and publication of the list of (1) the Federal Department according to § 18 para 2 of the law on protection minors in parts A, B, C and D leads the list of media harmful to young people. For continuous updating of new entry and deletion, as well as for the new version of the list is to take care.
(2) the Federal Review Board has to publish the parts A and B of the list in an appropriate manner in a clearly arranged assortment. This also applies the parts corresponding to the parts A and B the list until March 31, 2003, for the Federal Department.

§ 14 cooperation with the Commission for youth media protection (1) which has Federal Department to obtain the opinion of the Commission for youth protection in the media before decision on the inclusion of tele media in the list of unsuitable media (§ 21 para 6 of the law on protection minors), except that they already decided on this (§ 18 paragraph 8 sentence 2 of the law on protection minors) and notified the Federal Department. Insofar as this opinion within five working days after the request, the Federal Review Board without this opinion can decide.
(2) on the communication of decisions concerning the inclusion of tele media in the list of unsuitable media according to § 24 para 5 of the law on protection minors, the Federal Department of the Commission for youth protection in the media brings an overview of the recognised institutions of self-control.
(3) in order to ensure of an effective cooperation between the Federal Department informed the Commission for youth protection in the media in addition to decisions relating to the listing requirements of Telemedia also on related issues and events.

Article 15 reporting obligations (1) is a medium in the list of unsuitable media included, inclusion in the list but according to article 24, paragraph 3, sentence 2 of the law on protection minors not advertised, the Federal Review Board shall notify the date of the notification of the decision the Supreme Land youth authorities.
(2) a tele medium is included in the list of adult media and action domestically has been committed, so the Federal Review Board of Commission for youth protection in the media stating the date of the notification of the decision.
(3) in the case of unsuccessful delivery the Federal Review Board is to report the decisions in analog application of § 24 para 5 of the law on protection minors facilities recognized in the area of tele media self-regulation.

Article 16 entry into force, expiry this regulation enter into force on the day after the announcement.

Concluding formula the Federal Council has approved.