Provider Classification of edutainment & infotainment software in accordance with Art. 14 (7) JuSchG with respect to game programs.
Legal Background
Since the entry into force of the new Children and Young Persons Protection Act (JuSchG) on 01.04.2003, a provider may himself classify his film, film program or game program for educational or information and instructional purposes with the phrase “Edutainment software in accordance with Art. 14 JuSchG” or “Infotainment software in accordance with Art. 14 JuSchG“ if it clearly does not harm the development or education of children and young people in accordance with Art. 14, Section 7. This right may be excluded and the Provider Classification be annulled by the Supreme Youth Authorities of the Federal States for individual providers or products.
If your edutainment or infotainment software contains elements of play or minigames, then the following applies:
In accordance with Art. 14 , Section 7 JuSchG, providers themselves may label their games software with “Infotainment software in accordance with Art. 14 JuSchG” or “Edutainment software in accordance with Art. 14 JuSchG”, as long as the game is characterised by its information content or academic nature and not by games, and the contents are not likely to harm children and young people. If this is the case in the opinion of the provider, then the rating is subject to the following general obligations regarding graphical labelling imposed by the Children and Young Persons Protection Act.
The statutory rating is to be printed on the data carrier and the packaging in a clearly visible manner in a square box on a transparent white background (opacity 70%) in black font. The design of the label is defined in Art.12 (2) of the JuSchG of July 2008: size – 12cm²; position: at the bottom left on the front cover; size on the data carrier at least 250mm². To the extent that the square as such is not recognisable due to the colour of the background design, the square is to be optically delimited from the background, for instance by means of a frame.
If you yourself do not wish to undertake the Provider Classification or alternatively do not yourself wish to take the decision for or against, the USK offers the following service for a fee:
You submit your game program for educational or information purposes to the USK. To do this, you send the game together with the completed submission form, as well as the manual and/or your statement. The procedure you are applying for is “Provider Classification ” (Cost: 250 Euro).
The USK (without the participation of the State Representative) then examines the material in accordance with the specifications of Art. 14, Section 7 JuSchG and notifies you whether you may use the statutory logo and provides the artwork.
If the examination determines that your software requires the age rating approval of the Supreme Youth Protection Authorities of the Federal States due to the predominant game content, this will be undertaken with your consent by the Permanent Representative of the Supreme Youth Protection Authorities of the Federal States. In this case, the usual procedure costs apply (see cost overview) without any additional advisory fee.
Should the examination determine that your software contains no typical elements of a computer game, but is rather e.g. a tool or application, then we will inform you that your software is not an edutainment or infotainment software program in accordance with Art.14 (7) within the meaning of the Children and Young Persons Protection Act and may be published without an age rating symbol.
