Re:. Make youth protection on the Internet useful amendment to the Youth media protection treaty (JMStV-E) revise
Applicant: Sebastian Blumenthal, MP, Manuel Höferlin MP,
Jimmy Schulz MP
The national party should decide:
The current draft of the amendment of the Youth Media Protection State Treaty (JMStV-E), in the form of 12 March 2010 is rejected. The Federal Party calls on the parliamentary factions of the FDP to speak out clearly against the treaty and call for a transparent discussion of how the youth media protection can be designed in future. be
A practicable in online child safety must be the special character of a global, open and participatory network that is changing rapidly in its technical and social structures that meet. The current draft of JMStV can not meet these requirements.
the reason:
The signing of the treaty is the 10th June provided directly to the end of the application deadline of the Federal Congress met the Prime Ministers' Conference, the draft of the Rhineland-Palatinate State has first noted. To get a state contract, the minors also implements the network adequately and efficiently on the road, now the course must be made before the current draft is adopted.
This JMStV-E was negotiated largely behind closed doors.
concerns of Internet users - consumers and content providers - have been raised, so only slightly reflected in the amendment, so that ideas about as child protection work should have been transferred from the previous legislation on the radio, the internet media. An example of this are scheduled transmission time limits of inappropriate material, in a global network is neither desirable nor feasible would be.
see the new regulations of JMStV before a voluntary age rating of online content. Here, a parallel system will be established to provide under the auspices of the Commission for Youth Media Protection (KJM) age classifications.
The problem is that age ratings on the web (unlike, for example for DVDs and computer games in retail stores) do not offer legal security, but any time by the KJM or Federal Department for Media Harmful to Young Persons () can be claimed.
Due to the elimination of the "14-year-level" is to be expected that there will soon come about in some cases, in practice, differences in the youth media law age assessment and allowed access age because of other legal considerations for one and the same deal. A collision between privacy with youth media protection law here would result. Provider of social communities, which require the consent of their users to a data protection clause processing, are currently forced out for privacy reasons to keep its offer at least 14 years. Other providers of social communities hold demonstrable criminal and civil considerations for its offer users ready with a minimum age of 14. The omission of this step in the separation rule, this supplier before the practical problem that now the content for 12-year-old should be safe, the platform may be but used because of data protection and the set minimum age for the first of over 14 years of age.
It appears, for reasons of youth media protection order is neither necessary nor appropriate to development affecting the contents of the age "18" a duty AVS (age verification systems). The equality of this type with indexed content Content or "obviously difficult development harmful" content according to § 4 Paragraph 2 Paragraph 3 JMStV seems factually unjustified and disproportionate, as there are clear differences in the degree of risk. In JMStV-E is made clear at any point, that there is no obligation to a third of the active review of content by providers. Special problems of JMStV-E prepares to persons who offer free, non-commercial content for children and young people, such as political organizations or associations engaged in youth work. These would have their forums and blogs 24 hours a day to check out inappropriate material, or make inaccessible to minors. A hitherto done only by a log note clarifying that these obligations only provider of obscene content is to be imposed is insufficient.
very problematic here is that provided in the JMStV-E is a fine reinforcement for the distribution of offers is appearing on children and youth of all ages contribute entwicklungsbeeinträchtigend and where the provider fails to ensure that they are accessible only to adults. This provision is contrary to the currently planned scheme of § 5 JMStV-E, who after the provider of development services affecting only a perception of difficulty for concern need.
Given the serious deficiencies shown are called the FDP parliamentary group, to prevent the amendment of the JMStV in its present form.
- Jimmy Schulz 
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