Although article 5 of the German constitution says that ”There shall be no censorship.“ and ”Art [...] shall be free.“ the reality looks different. Mainly movies and especially the horror genre often have problems with their aimed rating before they are published.
In spite of an existing prohibition of censorship movies are cut down to be less harmful to youngsters and children although they are only suitable for adults anyway. But how does this procedure work? Which laws restrict the constitution and when are they applied?
After a short definition of the word censorship, an introduction of the most important institutions and a view of the general censorship situation in Germany this term paper shall make clear that:
Movie censorship is not necessary (in Germany).
Table of Contents
1. Thesis
2. Censorship
2.1 A definition
2.2 History of movie censorship
3. Relevant companies for movie censorship
3.1 FSK
3.1.1 FSK ratings
3.2 SPIO
3.2.1 SPIO ratings
3.3 BPjM
3.3.1 §131 StGB: Representation of violence
4. The movie ’I Spit On Your Grave‘ (2010)
4.1 The different ratings of ’I Spit On Your Grave‘
4.2 Sequestration of ’I Spit On Your Grave‘
5. Conclusion
Objectives and Core Themes
This paper examines the necessity and the practical implications of movie censorship in Germany, specifically focusing on the challenges faced by the horror genre. The central research question investigates how legal frameworks, such as the constitutionally guaranteed freedom of the arts, interact with restrictive rating systems and sequestration practices.
- Legal foundations of film censorship and freedom of speech in Germany.
- Roles and functions of institutions like FSK, SPIO, and BPjM.
- The impact of statutory regulations, particularly §131 StGB, on film distribution.
- Case study of the film "I Spit On Your Grave" to illustrate censorship hurdles.
- Economic and practical effects of stringent censorship on the film industry and consumers.
Excerpt from the Book
3.1 FSK
The FSK is a voluntary organization for the protection of youth and minors. It controls the ratings for movies, series and trailers which are intended to be published in the Federal Republic of Germany. The FSK was founded in 1949 and is located in Wiesbaden, Hesse.
The work of the FSK is based on three clauses of chapter 3 in the Jugendschutzgesetz (Law for the Protection of Youth, JuSchG): Protection of young people in the context of media.5 These clauses are §11 ’Movie performances‘, §12 ’Data media with films or games‘ and §14 ’Labeling of films as well as of film and play programs‘.6
Summary of Chapters
1. Thesis: This chapter introduces the tension between the constitutional freedom of art and the reality of restrictive film censorship in Germany.
2. Censorship: Defines the term censorship as assessing cultural content and provides a historical overview of how movie censorship emerged in the 1950s and peaked during the video tape era of the 1980s.
3. Relevant companies for movie censorship: Details the roles of the FSK, SPIO, and BPjM as the primary regulatory bodies overseeing media content in Germany.
4. The movie ’I Spit On Your Grave‘ (2010): Uses the 2010 remake as a case study to demonstrate the complexities and legal obstacles involved in achieving a film rating for violent content in Germany.
5. Conclusion: Summarizes the findings, arguing that movie censorship in the 21st century is largely ineffective, cost-prohibitive for labels, and easily circumvented by consumers.
Keywords
Movie censorship, FSK, SPIO, BPjM, Jugendschutzgesetz, §131 StGB, horror genre, film rating, freedom of arts, sequestration, media protection, I Spit On Your Grave, media literacy, voluntary self-regulation, legal restrictions.
Frequently Asked Questions
What is the core focus of this research paper?
The paper evaluates the necessity of movie censorship in Germany by analyzing the institutional processes and legal constraints that govern how films are rated or banned.
What are the central thematic areas covered?
The main themes include the legal landscape of youth protection, the operational mechanisms of rating agencies, and the practical challenges faced by distributors of controversial films.
What is the primary objective of this work?
The objective is to demonstrate that movie censorship in its current form is unnecessary, given the ease of circumvention and the negative economic impact on the film industry.
Which scientific or analytical methods are applied?
The author employs a descriptive and analytical approach, combining legal framework analysis with a concrete case study of the film "I Spit On Your Grave".
What does the main body discuss?
The main body examines the legal and institutional hierarchy of film regulation (FSK, SPIO, BPjM) and applies these theories to the real-world example of censorship difficulties encountered by the movie "I Spit On Your Grave".
Which keywords best characterize this work?
Key terms include movie censorship, FSK, SPIO, BPjM, §131 StGB, horror films, and youth protection.
How does the role of the FSK differ from that of the SPIO?
While the FSK is the primary body for general age-based ratings, the SPIO often steps in to provide expert assessments for movies that have been refused a rating by the FSK, though these still face potential indexing by the BPjM.
What is the significance of §131 StGB regarding film distribution?
§131 StGB concerns the representation of violence; movies violating this paragraph can be confiscated (sequestration), making them officially illegal and prohibited from sale in Germany.
- Quote paper
- Max Heitzer (Author), 2013, Movie Censorship in Germany, Munich, GRIN Verlag, https://www.grin.com/document/267528
