The FSF

The FSF was set up in 1993. It is an organization for the voluntary self-regulation of television, which most commercial television broadcasters in Germany are affiliated with. Its remit is focused on the protection of minors against TV programmes which could be harmful to children (TV films, shows, serials etc). The certified organisations for voluntary self-regulation play an important role in the new German system for the protection of minors which is based on the principle of co-regulation (or regulated self-regulation).

Co-Regulation (Regulated Self-Regulation) – The System Foreseen by Law

In 2003, a co-regulatory system for the protection of minors in the media environment was established in Germany. As far as television and the internet are concerned, the new legislation contained in the Interstate Treaty on the Protection of Minors in the Media (JMStV – Jugendmedienschutzstaatsvertrag) introduces a system of regulated self-regulation.

The supervisory authority, mainly responsible for all kinds of electronic media (TV and online), is the Commission for the Protection of Minors in the Media, or KJM (Kommission für Jugendmedienschutz ). It acts on behalf of the regulatory authorities as a non-state body and comprises twelve experts nominated by the media regulatory authorities and the supreme juvenile welfare authorities of the federal government and the states. The newly formed KJM is to supervise the norms defining the protection of minors. After the assessment of the KJM, the responsible state media authority recognises and issues licences to institutions of voluntary self-regulation (accreditation or certification). Furthermore, technical measures, such as content filtering and rating systems are approved.
At the same time the industry has been given the opportunity to implement the regulations largely on its own account through the establishment of a system of self-regulation employing independent expert examiners.

If broadcasters are linked with a certified self-regulatory body, the media authority will not directly act against them, provided that two conditions are fulfilled:
1. Wherever possible, programme items have been presented for assessment to the "self-regulatory" body before being broadcast; and
2. The broadcaster complied with the classification, which itself had not been based on unreasonable appreciation.

Where prior control has not been possible due to the nature of the programme (news for instance), the KJM before taking any action against the broadcaster has to consult the FSF for its advice. Such advice, if it confirms that the broadcasting of the item has been permissible, again will be binding on the KJM, provided that the appraisal by FSF has not been unreasonable. Thus, in this case, measures against the broadcaster are not to be taken.

The FSF is an independent body set up by private TV channels. In August 2003, it has been certified by the Commission for the protection of minors in the media (KJM) as an organisation of voluntary self regulation to implement the regulations of the Interstate Treaty on the Protection of Minors in the Media and secondary legislation issued by the state media authorities; e.g. guidelines.

Assessment procedures are monitored by a committee of independent experts. This Committee (Kuratorium) is responsible for selecting the examiners and for developing the examination regulations – both had to be accepted by the KJM.

Under German law, a statutory regulator could not operate along the lines of the FSF. A regional media authority, for example, cannot control content before publication because of the constitutional protection of freedom of speech and the ban on censorship (Art. 5, § 1 Fundamental Law [Grundgesetz]).

The examination of programmes

The FSF examines certain programmes prior to their transmission. 70-100 independent expert examiners are mandated for 2 years; there are four full time examiners and chairpersons of the examining boards. Each examining board consists of 5 members. Films are submitted to the FSF by the broadcasters indicating how they propose to broadcast (time, cuts – if any – etc.). Decisions by that first board can be re-examined by a second board in case of appeal. The board the comprises 7 members. The decisions are made available to the KJM. The KJM may intervene and regulate in cases where self-regulation has been incomplete or conducted within unacceptable standards.

The decisions of the FSF are compulsory and can take various shapes:

• to establish a time after which broadcast can proceed,
• to order cuts or
• not to broadcast at all if the showing of a programme is forbidden completely (i.e. inadmissible programmes like pornography or those infringing on human dignity).

There are time schedules and certain age groups which have to be considered:

• During Daytime, from 6.00 a.m. – 8.00 p.m., this relates to children under 12 years. However, also cinema films classified with "12" may be shown during daytime, if they are not considered harmful to younger children.
• In Primetime, from 8.00 p.m. – 10.00 p.m., children and young persons from 12 years on are to be borne in mind.
• In the Late Evening, from 10.00 p.m. – 11.00 p.m. young persons from 16 years on have to be considered.
• in the Late Night, from 11 p.m. – 6.00 a.m. adults from 18 years on are assumed to form the audience.

Age classifications are linked to these time schedules, but broadcasters can apply for an exemption and FSF examination boards can issue a special license. In this area, often cuts are made by the channels before films are submitted to the FSF.

The decision is taken according to the act, the examination regulations and other relevant classification guidelines. The possible danger of the content’s impacts are:

to over frighten (younger) children;
• to transport a message/conclusion pro violence;
• to disorient children ethically.

Classifiable elements are amongst others:

• themes,
• violence,
• sexuality,
• drug abuse,
• ethical values.

As a basic principle the general character of the programme must be taken into account.

FSF-Examinations until October, 31st 2009

Media education

The impact of representation of sex and violence on television cannot be dealt with merely by implementing legal measures or by introducing methods of self-regulation. In view of the abundance of German channels and the increase of European channels that can be received via satellite, a comprehensive reduction of representations of violence in the media cannot be achieved only by tightening up the regulations in Germany. Licensed abroad, the European channels could largely broadcast programmes without respecting the limits set by the German Broadcasting State Treaty. Technical developments (data compression, copying digital data) will support what educationalists already know: an adolescent who wants to watch a certain (harmful) channel will always find a way to do this, regardless of strict legal regulations. What can be limited, however, is the easy availability of these programmes.
Thus, one of the main points in protecting young people should be educational measures. Laws can support measures to inform people about how to protect minors, though never replace them. The general aim should be developing the ability of young people to use media in a competent and critical way. It is also important to inform parents and teachers about the effects of excessive television consumption and about educational and legal measures to protect minors. An important aim is also informing grown-ups about the way children use media and to provide educational aid.

Activities