Protection of minors in the Media Services Act

The broadcaster and the provider of an audiovisual media service on demand are obliged to ensure that programmes or other components of a programme service or an audiovisual media service on demand which 

  • may impair the physical, mental or moral development of minors are made available only in such a way that minors cannot normally hear or see such programmes or other components of a programme service or an audiovisual media service on demand (broadcasting of a programme between 10:00 pm and 06:00 am shall also be considered to be fulfilment of this obligation), 
  • to ensure that programmes containing pornography or intense, gratuitous violence, are only provided if technical measures to prevent access by minors, in particular encryption or effective parental control, have been ensured.

The broadcaster and the audiovisual media service on demand provider are required to 

  • determine the age suitability of the programme broadcast or provided and the types of potentially harmful content contained therein according to a uniform labelling system or other accepted labelling system*, 
  • to apply that system consistently* and 
  • to publish that labelling when the programme and its trailer are broadcast, in the programme offer of their own broadcast and in the programme guide made available for publication to third parties (broadcaster), as well as in the programme catalogue (AVMSoD)*.

* does not apply to local broadcasts of a programme service or to local broadcast programmes which are provided within the AVMSoD programme catalogue if the broadcaster of the programme service and the provider of the AVMSoD are the same person.
 
Commercial media communication shall not cause physical, psychological or moral harm to minors by 

  • directly inducing minors 
  • to purchase or rent goods or services by taking advantage of their inexperience or gullibility
  • to purchase or rent goods or services, the sale of which is prohibited to such persons under special provisions, 
  • by persuading their parents or other persons of the need to purchase the goods or services offered to them, 
  • by exploiting the special trust of minors towards parents, educational staff or other persons or by unreasonably placing minors in dangerous situations.

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