The Youth Protection Act: what does it say?
The Youth Protection Act is intended to protect children and young people up to a certain age from dangerous influences. For example, from alcohol, tobacco or media that glorify violence. Here you can find out which areas are regulated by the Youth Protection Act.
The Youth Protection Act is intended to protect children and young people from dangerous influences and situations in public. It regulates the sale of alcohol and tobacco products to young people , stipulates curfews for disco and pub visits and also sets clear limits for certain media. The Youth Protection Act wants to make it possible for your child to grow up in a “gentle” and age-appropriate way and to survive puberty as unscathed as possible.
Important terms in the Youth Protection Act
- According to the Youth Protection Act, persons under the age of 14 are considered children .
- Persons between the ages of 14 and 18 are considered youth .
- Persons with custody are usually the parents or a guardian appointed by the family court. They have the right and duty to care for, educate and supervise children and young people.
- Persons responsible for bringing up children can take on certain educational tasks – for example supervision – on behalf of parents or guardians. To do this, they must be at least 18 years old, need the approval of their legal guardian and should be able to carry out the task responsibly and safely.
Youth protection law in restaurants, discos and cinemas
- Restaurants: Young people under the age of 16 may stay in restaurants between 5 a.m. and 11 p.m. without parents or a person responsible for bringing them up if they order something to drink or eat or if they are travelling. 16 and 17 year olds are allowed to stay until midnight . With responsible support or as part of a recognized youth project, there is no time limit.
- Public dance events: The Youth Protection Act mainly refers to discotheques , but other events can also be considered public dance events, regardless of whether they take place indoors or outdoors. Adolescents under the age of 16 may only attend a public dance event if a parent or guardian is present . From the age of 16, young people can also participate unaccompanied, but only until midnight . You can find more information about youth at parties in our article “When youth are partying – setting curfews and rules” .
- Cinemas: Children and young people may only be allowed to attend public film events if the films have been approved for the appropriate age by the highest state authority or a voluntary self-regulatory organization. Your 14-year-old daughter is therefore not allowed to see a film that is only approved for ages 16 and over. In addition, there are also time restrictions for young people without responsible accompaniment. For children under the age of 14, the film must end by 8 p.m. at the latest. Children aged 14 and 15 must leave at 10 p.m. , children aged 16 and 17 must leave at midnight at the latestbe over. Exceptions apply when it comes to information, instructional and educational films that are marked by the provider with “information program” or “teaching program”.
- Concerts: By the way, concerts are excluded from such age and time restrictions because they are not considered dance events. Unless the organizer himself imposes an age limit on his visitors.
The mom note
With the so-called “Mutti-Zettel”, persons responsible for bringing up children can prove in writing that they have been entrusted with supervision by the parents. Mostly it contains a short letter, name, telephone number and signature of the parents. Sometimes a copy of the identity card is also required.
Youth Protection Act on Alcohol and Tobacco
Brandy and beverages containing brandy (rum, whiskey or alcopops) may not be sold or served to young people under the age of 18. Anyone who allows the consumption of such drinks in public also violates the Youth Protection Act – regardless of whether it is a party organizer or the parents. From the age of 16, “other alcoholic drinks” (beer, wine and similar mixed drinks) are allowed. You can find out more about alcohol in young people in our article on this topic.
Since September 1, 2007, there has been a general smoking ban for under-18s . The sale of cigarettes or other tobacco products to minors is prohibited. Since then, cigarette vending machines have also been equipped with “technical age verification” – for example using a driver’s license or a credit card. Anyone who encourages young people under the age of 18 to smoke in public, for example by handing out a cigarette, is also breaking the law.
Regulated media consumption according to the Youth Protection Act
Films and computer games must be marked with an appropriate age rating. This is given in the form of the abbreviation “FSK”, which stands for “Voluntary Self-Regulation of the Film Industry”. This FSK, in turn, distinguishes between different age groups that determine when a medium can be consumed. There are the following age groups:
- “Approved without age restriction”
- “Approved for ages six and up”
- “Approved for ages twelve and up”
- “Approved from the age of sixteen”
- “Approved for ages eighteen and over”
Unlike indexed items, the last category may be exhibited for free sale, but may not be sold or loaned to young people. However, there is an exception when going to the cinema: Films from the age of twelve may be viewed by children from the age of six if a legal guardian is present.
Films or computer games that do not have a label may fall under “media harmful to young people” and will be listed as such by the federal inspection agency. Media that are harmful to young people are characterized by content that, for example, glorifies war, is pornographic or particularly violent. They may not be sold to minors or made accessible in any other way.
What happens if you violate the Youth Protection Act?
If the youth law is violated, this is considered a criminal offense or an administrative offense and can be punished with a fine of up to five figures. It is not the young people who are held responsible, but mostly tradespeople and organizers. They must be organized in such a way that the Youth Protection Act cannot be violated in the first place. Parents or legal guardians must also expect penalties if they disregard legal regulations in public, for example leaving brandy drinks to underage children.
The Youth Protection Act not only determines the rights and obligations of young people. It also determines the responsibilities of parents and legal guardians as well as entrepreneurs and organizers. It sets boundaries that everyone, young or old, must follow. Child and youth protection is a topic that concerns everyone! So talk to your child about it and make it clear that the law is a sensible rule that must be observed.
By the way, you can find all current guidelines and figures of the Youth Protection Act here on the website of the Federal Ministry of Justice and Consumer Protection.