Published on: 07.11.08
Germany has extended the law restricting the production and also possessing of pornographic material of younger persons. While the former law accounted only for children the revised version was extended to material showing youth aged 14 - 18 years.
With the revision of the penal code (part 'criminal acts against sexual self-determination') in Germany coming into force on November, 5 2008, it is now also forbidden to spread, purchase and possess 'youth pornographic material'. In § 184c it is said, that people must expect prison sentence up to three years or pay a fine, if they spread, display in public, put up, perform, popularise or produce, obtain, deliver, have it in stock, offer, announce, import or export youth pornographic material with sexual acts from, at or in front of persons between fourteen and eighteen years, to use such material or to allow others to make use of it. The law applies also for cases where persons aged above eighteen are presented like underage persons, and it covers pornographic computer animations and cartoons.
So far the law does not mention obligations for media service providers to ensure that their services do not contain such content. But nevertheless they probably would expose themselves to sentence if they do not take care and child or youth pornographic material would be detected on their servers.
Background of the amendment is an EU resolution to fight sexual exploitation of children and child pornography.
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