Dr. Stephan Dreyer
, Sünje Andresen and Neda Wysocki have published an article in the current Youth Media Protection Report. In this article, they address the systematic changes in the legal protection of minors from harmful media and the associated control advantages for interaction and communication risks. However, they also show what challenges the regulatory area will face in the coming years in terms of implementation.
The open access article is available (in German) in the eLibrary of Nomos Verlag.
You can access the article here
Excerpt
In recent years, the various legislatures have introduced new regulations in the protection of minors from harmful media that differ categorically from classic regulatory approaches in this area of law. These include the obligations of certain online providers to provide infrastructural precautionary measures in their offerings (Art. 28b AVMD-RL and, in implementation, § 5a JMStV and most recently § 24a JuSchG). Regulations that aim to consider media-external or systemic risks when assessing offerings can also be counted among such examples of newer regulatory concepts (Art. 28, 34, 35 DSA). They are emblematic of the regulatory response of legislators to newer risk potentials such as interaction and communication risks and the associated regulatory challenges. It is obvious that new or at least different control instruments must be used to counter structurally new risks. But as expected, such a reorientation of legal control instruments is not done with the introduction of new standards. They are merely the legislative impetus for a whole series of changes in the governance structure of the existing protection of children and young people from harmful media.
Dreyer, S., Andresen, S., Wysocki, N. (2022) »The best is yet to come?« Folgen der sich wandelnden Regulierungs- ansätze im Jugendmedienschutz [“The Best is Yet to Come?” Consequences of Changing Regulatory Approaches in Youth Media Protection]. In: JMS Jugend Medien Schutz-Report 6/22. https://doi.org/10.5771/0170-5067-2022-6-2