The bill introduced in the Bunsdesrat’s bill for the ban on killer games has many shots, is increasingly criticized and prohibits violent simulation in real play
The discussion about the prohibition so-called by the bloodbath of Emsdetten again. Killer games has not remained uncommon. Since the 2. February 2007, the Federal Council in this case lies in this regard a law proposal by the Free State of Bavaria. The draft law to improve the youth protection is concerned with the criminal prohibition of dissemination and public accounting "virtual" Killer Games (New § 131a StGB), a new bub money available for "real" Human Resources (New § 118a Owig) and Minimum Requirements, which must be fulfilled in the field of free self-control in the area of the support media (new § 14a JuschG).
Self-control as a bloBe outsourcing of sovereign tasks
Due to the new § 14a Juschg, the requirements for self-control facilities should be saved. To ensure, among others, independence and expertise of the Prufter, proper equipment of the establishment, increased influence by the Supreme Landeschuhrbebehaben by they named any expert and the establishment of a complain office. In addition, the establishment of voluntary self-control should be recognized by the Supreme Country Youth Hands. Unlike in the already highly criticized concept of regulated self-regulation in the youth media protection agreement (JMSTV), where the requirements are based, the recognition is not carried out by a state-owned supervisory hereability, but by the Supreme Country Youth Heads itself.
In addition, the decision of the self-control device is unlike the JMSTV no legal certainty for the manufacturer. On the contrary: During the maps of protractors of telemedia only with eclatants and obvious misconducts of self-control directions are possible, according to the draft of § 14a ABS. 2 no. 16 JUSCHG can be ensured that the Supreme Landeschuhrbebehaben the examination decision at any time in an effective manner and thus also in detail can be checked and in case of doubt, however,. Only slightly tangled: The self-control of the economy will become a state control to be financed by the economy. The regulatory system of the JUSCHG contains only an incentive to join self-control devices for computer games manufacturers – the expected lengthy labeling procedure (released from 6, 12 years etc.) By the stateholds themselves (§ 14 Abs. 2 Juschg).
Prohibition of painful games in virtual games
Although the impact of this part of the legislature are hard to survive, the question of the ban on killer games is at the center of public attention. Punished and prohibited should the dissemination "of game programs that represent cruel or otherwise inhumane violence against people or human beings, and the player will allow the participation in terms of violence of such kinds". As a result of the legislation, all the blocks are to pay, which – they found them in the real world – to give the object of action pain or torment of significant exhaustion. Unlike § 131 StGB, the bill waives the fact that the games must have a glorifying or a warming target. The Bavarian law proposed that the standard could otherwise run in addition to § 131 StGB empty.
This extract was withdrawn with the bill indeed the ground. This scheme was consistently applied not only to the end of less, especially cruel ego shooters, but even most action games. Cruel and inhumane is the violence after the case-law on § 131 StGB, about then, if that "MAB Necessary violence" exceed. The case law had to work out in the future when Z.B. the dead in computer games necessary and thus not cruel. Conceivable episode: The game designers construct self-defense situations (Z.B. The liberation of hostages, the defense of terrorist files) and maintain only graduated in their games in their games.
Back to the legal: Even in the now published catch, the law encounters sustainable legislation. It should serve Expressis verbis to the youth protection, the games prohibits adults. The preamble protection of the media freedoms will not even be mentioned in the application, although the word media alone finds 48 times. In any case, this is amazed against the background that the Federal Scarf Court has always highlighted that adults of access to youth-hazardous content are not fully failed thirst.
Prohibition of violent simulation in real play
Time for a legislative review, the initiators of the bill in the actionist-bearing design did not have elsewhere not. Banned will now also be inhuman games, "which are suitable for reducing the players in their human being by simulating their totung or injury using firearms or this reformed objects as the main or substandance".
Now it is generally recognized in the meantime that the law pays the right to concretize its scope in any case in limits itself. Therefore, it was somewhat doubtful to see if in the resistant violent simulation on game purposes in laser dromes, god and paintball games an attack on the people was seen. Anyway, this is not about exceptional situations in which individual impregnations of their became. Also marketed from a personal forced situation (dwarf width).
Socially recognized games should not be covered by the prohibition after the bill: at the fencing hour the corpulum enhancement in the foreground, to the boxing aubert you do not see themselves for safety’s sake, even for the female hooks popular in Bavaria, it had to be scarce. Unlike killer games and paintball events, injuries in the latter are not simulated.
Uwe Jurgen is a lawyer of Lovell’s international lawyers.