Germany

Federal Protection of Minors Act, statutory:
Pre-launch advice is not provided. The search for violations is performed by the lower administrative agency. Depending on the federal state this is normally either the local regulatory agency (Ordnungsamt) or the youth welfare office (Jugendamt). Complaints can be made also to the lower administrative agency. If commercials and advertising programmes for alcoholic drinks have been shown in cinemas before 18:00 pm it will be hard to prove afterwards. According to an associate of the regulatory agency of the city of Dortmund this case is improbable but would lead to a talk with the cinema operator. Sanctions, where appropriate, are imposed by the lower administrative agency and can be a fine: according to § 28 (5) of the JuSchG the fine can be up to €50.000 for a violation of § 9 or § 11. There is no information available about the minimum and maximum amount of time the procedure officially takes.

Interstate Treaty for the Protection of Minors from Unsuitable Media Content, statutory:
There are multiple possibilities for complaining. A complaint can be addressed directly to the KJM. Concerning television a complaint can also be made to the self-regulative FSF. Concerning the internet a complaint can be directed at jugendschutz.net or to the self-regulative organisation FSM. They provide hotlines and complaint forms. Marketing practices can be continued as long as legal proceedings are ongoing.. The possibility of complaining is made known to the public. On the homepages of jugendschutz.net, FSF, and FSM the possibility of complaining is explained. Sanctions, where appropriate, are imposed by KLM, FSM, FSF and according Germany Appendix to ELSA Report on Regulation 77 Appendix to ELSA Report on Regulation to the KJM consequences depend on the severity of the violation.

Possible consequences are: – formal hint – rebuke – reduction of broadcasting time – broadcasting ban – initiating regulatory offence proceedings Members of the self-regulatory can also receive a public rebuke or a fine by the self-regulatory organisations or be excluded from the organisation. The results of procedures are publicly announced. The FSM reports examples of complaint procedures on its homepage www.fsm.de/de. There is no general information available about the minimum and maximum amount of time the procedure officially takes. KJM: From April 2003 until September 2005 the KJM dealt with 229 broadcasting cases (135 completed) and with 848 internet cases (733 completed). FSM: In the year 2004 the FSM processed 977 complaints (4% are still in progress).

Code of Conduct on Commercial Communication for Alcoholic Beverages, non-statutory:
Complaints can be made to the German Advertising Council. Marketing practices can be continued as long as legal proceedings are ongoing. The possibility of complaining is explained in the publication “Deutscher Werberat Jahrbuch 2005” and on the homepage of the German Advertising Federation. Sanctions, where appropriate, are imposed by the German Advertising Council and can be a public rebuke. The results of procedures are publicly announced every year in the “Deutscher Werberat Jahrbuch”, in press releases and via https://www.werberat.de/deutscher-werberat. According to the German Advertising Council the procedure officially takes 10 days on average.