JuSchG | |
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![]() The Protection of Young Persons Act (2009) | |
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Territorial extent | ![]() |
Passed by | ![]() |
Passed | 4 December 1951 [1] |
Enacted | 6 January 1952 |
Legislative history | |
Bill title | |
Bill citation | Protection of Young Persons Act (Jugendschutzgesetz - JuSchG) [Unofficial English translation] |
Amended by | |
Amendment by Article 7, Sub-Clause 2, Act of 27 December 2003 [BGBl. I p. 3007], Amendment by Article 3, Act of 29 December 2003 [BGBl. I p. 3076], Amendment by Article 2, Act of 23 July 2004 [BGBl. I p. 1857, 2600], Amendment by Article 2, Act of 27 February 2007 [BGBl. I p. 179, 251], Amendment by Article 3, Act of 20 July 2007 [BGBl. I, p. 1595], Amendment by Act of 24 June 2008 [BGBl. I, p. 1075], Amendment by Article 3, Act of 31 October 2008 [BGBl. I, p. 2149], Amendment by Article 1, Act of 3 March 2016 (BGBl. I p. 369), Amendment by Article 11, Act of 10 March 2017 (BGBl. I p. 420) | |
Keywords | |
Legal drinking age, Alcohol laws, Alcohol laws in Germany, Legal smoking age, Youth rights | |
Status: In force |
The Protection of Young Persons Act (German: Jugendschutzgesetz or JuSchG) is a federal law in Germany to enforce youth protection in public spaces and regulate media consumption by minors. The act does not apply to minors who are married. [4]
On 4 December 1951 the "Law for the Protection of Minors in Public" (Gesetz zum Schutze der Jugend in der Öffentlichkeit (JÖSchG)) was enacted and came into force on 6 January 1952 [1] in West Germany. The law was revised and re-enacted multiple times until in 2003 the law as well as the former "Gesetz über die Verbreitung jugendgefährdender Schriften und Medieninhalte (GjSM)" were merged into the newly legislated "Jugendschutzgesetz (JuschG)" which came into force along with the "Jugendmedienschutz-Staatsvertrag" [5] in the federal states of Germany.
A forerunner of the law was the "Lichtspielgesetz" from 1920, [6] which restricted the publication of movies in cinemas without former approval and review by a central commission. During the Nazi regime in Nazi Germany, the highly controversial "Polizeiverordnung zum Schutze der Jugend" (Police Ordinance for the Protection of the Youth) [2] came into force, which introduced punishments for the minor as well as the responsible adult failing to follow the regulation of the law. (RGBl. I S. 349). [7] This law was in effect until the newly formed Federal Republic of Germany enacted the new "Law for the Protection of Minors in Public" in 1951. [8]
The Protection of Young Persons Act regulates:
1 Unaccompanied children <16 years only permitted in a restaurant or licensed premises during the time of 5 a.m until 11 p.m. to consume a meal or a have a non alcoholic beverage.
2 No restrictions if accompanied by a parent or legal guardian.
3 The consumption of beer, wine, wine-like beverages or sparkling wine or mixtures of beer, wine, wine-like beverages or sparkling wine and soft drinks in public is generally permitted for minors aged 16 years or older. However, if the minor is accompanied by his parent or legal guardian the age limit the consume such beverages drops down to 14 years.
4 If specific age-limit for movies/games/arcades are followed.
Contrary to the former "Polizeiverordnung zum Schutze der Jugend", the "Jugendschutzgesetz" does not penalize children and young people but rather the responsible adult failing to enforce the provisions of the law. All licensed premises and operators of events have to place a clearly-legible copy of the act at the premises or place of event. [14]
Making media which is indexed for being considered "harmful to young persons" accessible to minors as well as violating further provisions which are set out in § 15, 21 and 28 JuSchG can be prosecuted by imprisonment up to one year or a fine.
Violations in context of protection of young persons in the public are considered a misdemeanor/regulatory offence, which can be fined up to €50,000. [15]
Gambling in a licensed casino (Spielbank) is additionally to the general prohibition for minors to participate in gambling by the Protection of Young Persons Act, prohibited by state law in all German states. The age limit varies with 13 out of 16 states requiring a minimum age of 18 years to participate in gambling and enter a licensed casino. [16] However Bavaria, Baden-Württemberg and Lower Saxony are exceptions, as they require a minimum age of 21 years. [17] [18] [19]