Youth Protection Act (JuSchG)
The Bundestag passed the following law with the consent of the Bundesrat:
definitions
(1) For the purposes of this Act
1. Children are persons who are not yet 14 years old
2. Adolescents are persons who are 14 but not yet 18 years old,
3. is a person entitled to custody who, alone or together with another person, is entitled to custody under the provisions of the Civil Code,
4. is a person responsible for bringing up children, any person over the age of 18, insofar as they perform educational tasks on a permanent or temporary basis on the basis of an agreement with the person having custody, or insofar as they look after a child or a young person in the context of training or youth welfare.
(2) Carrier media within the meaning of this Act are media with texts, images or sounds on physical carriers that are suitable for dissemination, intended for direct perception or are built into a demonstration or gaming device. The electronic dissemination, surrender, offering or making accessible of carrier media is equivalent to the physical dissemination, transfer, offering or making accessible, insofar as it is not about broadcasting within the meaning of § 2 of the Interstate Broadcasting Treaty.
(3) Telemedia within the meaning of this Act are media that are transmitted or made accessible in accordance with the Telemedia Act. The provision of own or third-party content is deemed to be transmission or making available within the meaning of sentence 1.
(4) Mail order business within the meaning of this Act is any business for a fee that involves ordering and sending goods by post or electronic mail without personal contact between the supplier and the customer or without any technical or other precautions being taken to ensure that no mail is sent to children and young people takes place, is carried out.
(5) The provisions of §§ 2 to 14 of this law do not apply to married young people.
Obligation to examine and provide evidence
(1) Insofar as this Act requires the accompaniment of a person responsible for bringing up children, the persons named in Section 1 (1) No. 4 must demonstrate their entitlement upon request. In cases of doubt, event organizers and traders must check authorization.(2) Persons for whom age limits are to be observed under this Act must provide suitable evidence of their age upon request. Organizers and traders must check the age in cases of doubt.
Smoking in public, Tobacco products
(1) Tobacco products and other nicotine-containing products and their containers may not be sold to children or young people in restaurants, sales outlets or otherwise in public places, nor may they be allowed to smoke or consume nicotine-containing products.(2) Tobacco products and other nicotine-containing products and their containers may not be offered in vending machines in public. This does not apply if an automat
1. is set up in a place that is inaccessible to children and young people, or
2. it is ensured by technical devices or by constant supervision that children and young people cannot remove tobacco products and other products containing nicotine and their containers.
(3) Tobacco products and other nicotine-containing products and their containers may not be offered to children and young people by mail order or given to children and young people by mail order.
(4) Paragraphs 1 to 3 also apply to nicotine-free products such as electronic cigarettes or electronic shishas, in which liquid is vaporized by an electronic heating element and the resulting aerosols are inhaled with the mouth, as well as their containers.
