anticipation: The JMStV is a disaster and we can only hope all that he does not yet come, or is rapidly corrected.
For small private blogs the situation but in my opinion not quite looks so black as it is painted right now.
First, the ghost of the warnings: to be suspended in accordance with § 8 UWG a claim, one would have acted in the trade. This is difficult to justify when no advertising fades or else that generates revenue through the site. As small, private parties have eh no significant advertising revenue, if necessary you can do without the few €.
What should I ever do to satisfy the requirements of JMStV?
is § 5 para 1 sentence 1 JMStV:
(1) compromising If provider offers, which are suitable for the development of children or young people or their education in a responsible and socially competent personality, distribute or accessible , do they have responsibility to ensure that children and adolescents of the respective ages, they usually do not perceive.
I have no development-impairing content, then obviously I have to do anything.
The problem is the question, what is entwicklungsbeeinträchtigend. To this end there seems to be no hard evidence. Some information can be found here, however.
Most blogs were not affected as I understand it.
If one can not exclude such contents or so maintains a three-options.
second classify all content according to age, but even when this assessment is quite reliable, can be classified to a charge of recognized authority
third effective age control mechanisms introduced, which is technically difficult and costly without a service provider also will not be possible.
Okay, now I have even checked my offers and I think I need anything labeled. Unfortunately I was wrong, what can happen to me as not conducting business blog private operator?
The KJM could test me and impose a penalty notice. In his research, she is untrstützt of jugenschutz.net. The KJM is composed of 12 people who apparently have other offices. For small blogs are probably not interested. Jugendschutz.net reviewed on its own offers and inform the operator if something is wrong. Then it runs the whole also apply to the KJM. If you click on the notification of jugenschutz.net down his offer just reviewed, I guess this will not happen next. The message appears after all that I have read so far also to cost anything.
If there is indeed a fine, this can be theoretically up to 500,000 €. In the context of proportionality, I can imagine but difficult, that the actual fines imposed on small private blogs exceed a few hundred euros. That surely depends on the circumstances of the case, namely, how much entwicklungsbeeinträchtigend the offer, and perhaps also how large the readership is. There
The fine is, moreover, as an administrative act, I can contest it so. If the review of the authority completely out of hand, the courts this is correct then, that the discretion is exceeded. Given the high rank de press and freedom of expression shall, in light violations is perhaps not too far out on a limb.
Conclusion: I will stay online and wait for further developments. For people who are offered with their employment, but could threaten in fact a warning wave, which is probably the real risk, as any fines.
love politicians are once again reasonable and let the shit!
also very instructive: http://t3n.de/news/neuer-jmstv-286977/2/
collection of links on the topic: http://klawtext.blogspot.com/2010/11/blogger -and-the-jmstv.html
UPDATE: Udo Vetter has now also expressed fully and advises against panic http://bearbeiter.blogspot.com/2010/11/jugensmedienstaatsvertrag-keine-panik . html
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