This is really pointless, but I kind of wanted to do it ever since the recent discussion of the word "child" over in the English Questions thread in Ephemera. As an introduction to one specific aspect of German public policy, here's my attempts at translating the first few sections of the
Jugendschutzgesetz, which the English Wikipedia translates as the "
Protection of Young Persons Act", although I myself would probably translate it as the "
Youth Protection Act".
Original version:
https://www.gesetze-im-internet.de/juschg/
I don't think I've ever tried to translate an actual legal document before.
I've translated
Gaststätte as "inn". I'm not sure what the correct anglophone legal term would be. It means, basically, a restaurant, a bar, or anything fairly similar.
Part 1
General matters
Section 1 Definitions of Terms
(1) As understood by this act
1.
Kinder ["children"] are persons who are not yet 14 years old,
2.
Jugendliche ["youths"] are persons who are [at least] 14, but not yet 18 years old,
3. a
personensorgeberechtigte Person is anyone who, alone or together with another person, is, under the rules of the Civil Law Code entitled to exercise taking care of a young person,
4. an
erziehungsbeauftragte Person is any person aged 18 or older who, permanently or temporarily, under an agreement with the
personensorgeberechtigte Person takes over educational or child-raising tasks or who takes cares of a child or a youth within a framework of education, training, or youth work.
(1a) Media as understood by this act are physical media and digital services as well as contents within a digital service in the sense of an evaluation unit.
(2) Physical media as understood by this act are media with texts, images, or sounds on physical containers, which are suitable for presentation, determined for immediate perception, or built into a presentation or gaming device. Electronic distribution, handover, offering or making available are equivalent to physical distribution, handover, offering or making available of physical media, unless the matter is radio as defined by Section 2 of the Radio State Treaty.
(3) Digital services as understood by this act are digital services according to Section 1 Subsection 4 Number 1 of the Digital Services Act.
(4) Mail order as understood by this act is any paid business which is executed by way of ordering and sending a product through postal delivery or electronic delivery without personal contact between the supplier and the customer or in such a way that there are no technological or other measures ensuring that there is no delivery to children or youths.
(5) The provisos of Sections 2 to 14 of this act shall not be applied to married youths.
(6) Service providers as understood by this act are service providers according to the Digital Services Act in the version in force at any given moment.
Section 2 Duty of Examination and Demonstration
(1) In so far as, according to this act, being accompanied by an
erziehungsbeauftragte Person is required, the persons named in Section 1 Subsection 1 Number 4 have to document their authorisation when asked to. Organizers of events and businesspeople have, when in doubt, to examine the authorisation.
(2) Persons for whom, according to this act, age limits are to be observed, have to demonstrate their biological age in a suitable way when asked to. Organizers of events and businesspeople have, when in doubt, to examine biological age.
Section 3 Publication of Provisos
(1) Organizers of events and businesspeople have to publicize those provisos of Sections 4 to 13 which are applicable to their businesses and events and, in the case of public movie events, the age ratings of movies and the supplier labels according to Section 14 Subsection 7, by means of a clearly visible and well readable notice.
(2) For the purpose of publication of the age ratings of movies and game software, organizers of events and businesspeople may only use the labels named in Section 14 Subsection 2. Anyone who passes on a movie for public movie events, is obliged, to point out the age restriction or the supplier label according to Section 14 Subsection 7 to the organizer of the event during the handover. For movies and game software which, according to Section 14 Subsection 2, has been labelled by the supreme state authority or an organisation of voluntary self control within the framework of the processes according to Section 14 Subsection 6, during the announcement or advertising,
jugendbeeinträchtigende ["youth affecting"] contents may neither be pointed out, nor may the announcement or advertising be done in a
jugendbeeinträchtigende way.
Part 2
Protection of Youth in Public
Section 4 Inns
(1) Being present in inns may only be permitted to children and youths under the age of 16 if they are accompanied by a
personensorgeberechtigte or an
erziehungsbeauftragte Person or if they consume a meal or a beverage during the time between 5 am and 11 pm. During the time between midnight and 5 am, youths aged 16 or older may not be permitted to be present in inns unless accompanied by a
personensorgeberechtigte or an
erziehungsbeauftragte Person.
(2) Subsection 1 does not apply when children or youths take part in an event organized by a recognized organization of youth work or when they are travelling.
(3) Being present in inns that are maintained as a night bar or night club and in comparable places of amusement may not be permitted to children and youths.
(4) The responsible authority may grant exceptions to Subsection 1.
Section 5 Dance Events
(1) Being present at public dance events without being accompanied by a
personensorgeberechtigte or an
erziehungsbeauftragte Person may not be permitted to children and youths under the age of 16 and may only be permitted to youths aged 16 or older until midnight.
(2) Deviating from Subsection 1 being present [at a dance event] may be permitted to children until 10 pm and to youths under the age of 16 until midnight if the dance event is organized by a recognized organization of youth work or serves artistic activities or the preservation of cultural traditions.
(3) The responsible authority may grant exceptions.
Section 6 Casinos, Gambling
(1) Being present in public casinos or similar premises serving mainly the purpose of gambling may not be permitted to children or youths.
(2) Taking part in public games with the possibility of winning prices may only be permitted to children and youths at folk festivals [
Volksfeste], shooting festivals [
Schützenfeste], fairs [
Jahrmärkte], special markets [
Spezialmärkte] or similar events and only under the condition that the prices consist of products of low value.
Section 7 Youth Endangering Events and Businesses
If a public event or a business is a source of dangers for the physical, mental, or spiritual [
körperliche, geistige oder seelische] well-being of children or youths, the responsible authority can order that the organizer or businessperson may not permit the presence of children and youths. The order can contain age limits, time limits or other conditions, if this removes the endangerment or significantly reduces it.
Section 8 Youth Endangering Locations
If a child or a youth is present in a place where he or she is threatened by an immediate danger to physical, mental, or spiritual wellbeing, the responsible authority or agency is obliged to take the measures necessary to deflect the danger. If necessary, it has to
1. demand that the child or youth leaves the location,
2. hand the child or youth over to the legal guardian according to Section 7 Subsection 1 Number 6 of Book Eight of the Social Law Code or, if no legal guardian can be reached, hand over the child or youth to the care of Child Protective Services.
In difficult cases the responsible authority or agency is obliged to inform Child Protective Services about the youth endangering location.
Section 9 Alcoholic Beverages
(1) In inns, places of sales, or elsewhere in public
1. beer, wine, beverages similar to wine or sparkling wine or blends of beer, wine, beverages similar to wine or sparkling wine with non-alcoholic beverages may not to provided to children or youths under the age of 16,
2. other alcoholic beverages or food products which contain other alcoholic beverages in more than negligible amounts may not to provided to children or youths
nor may they be permitted to consume them.
(2) Subsection 1 Number 1 does not apply when youths are accompanied by a
personensorgeberechtigte Person.
(3) In public, alcoholic beverages may not be offered in vending machines. This does not apply if the vending machine
1. is positioned in a location inaccessible for children or youths or
2. is positioned in a commercially used premise and technological measures or permanent observation ensures that children and youths can not take out alcoholic beverages.
Section 20 Number 1 of the Inn Act is not affected.
(4) Alcoholic sweet beverages as defined by Section 1 Subsections 2 and 3 of the Alcopop Tax Act may, commercially, only be sold with the notice "Sale to persons under 18 years of age forbidden, Section 9 Youth Protection Act". This notice has to be present on the completed packaging in the same font and in the same size and color as the label or fantasy name or, if those do not exist, as the sales description and, in the case of bottles, has to be present on the frontal label.
Section 10 Smoking in Public, Tobacco Products
(1) In inns, places of sales, or elsewhere in public, tobacco products and other products containing nicotine and their containers may neither be provided to children or youths nor may they be permitted to smoke or consume products containing nicotine.
(2) In public, tobacco products and other products containing nicotine and their containers may not be offered in vending machines. This does not apply if the vending machine
1. is positioned in a location inaccessible for children or youths or
2. is positioned in a commercially used premise and technological measures or permanent observation ensures that children and youths can not take out tobacco products and other products containing nicotine and their containers.
(3) Tobacco products and other products containing nicotine and their containers may neither be offered to children and youths through mail order nor provided to children and youths by means of mail order.
(4) Subsections 1 to 3 apply as well to to products free of nicotine, such as electronic cigarettes or electronic shishas, in which liquid is vaporized by means of an electronic heating element and the resulting aerosols are inhaled through the mouth, and their containers.