Legal Basis
The basic rights of freedom of expression and artistic freedom in Article 5 of the German Grundgesetz are not guaranteed without limits. Along with the "provisions of general laws and "provisions in the right of personal honor", "provisions for the protection of young persons" may restrict freedom of expression (Article 5 Paragraph 2).
The Jugendschutzgesetz (Youth Protection Law), which came into effect in April 2003, is one such provision. It superseded the Gesetz über die Verbreitung jugendgefährdender Schriften (Law on the Distribution of Writings Harmful to Young Persons) as the legal basis for the restriction of freedom of expression when applied to physical media (printed works, videos, CD-ROMs etc.).
The Jugendmedienschutz-Staatsvertrag (State Treaty on Media Protection of Young Persons) between the different Länder came into effect on the same day as the Jugendschutzgesetz and regulates the distribution of broadcasts and virtual media. It also provides a legal basis for the actions of the BPjM.
Read more about this topic: Federal Department For Media Harmful To Young Persons
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