Freiwillige Selbstkontrolle der Filmwirtschaft
Encyclopedia
The Freiwillige Selbstkontrolle der Filmwirtschaft (FSK, Voluntary Self Regulation of the Movie Industry) is a German
motion picture rating system
organisation run by the Spitzenorganisation der Filmwirtschaft (SPIO, Head Organisation of the Movie Industry) based in Wiesbaden
.
s and trailers, videos
and DVD
s, and commercials.
There is no legal obligation for approval by the FSK; however, members of the SPIO commit themselves to only releasing productions passed by the FSK. Movies not rated by the FSK may only be sold and rented to adults, regardless of their content.
The legal basis for the actions of the FSK are a youth protection law (JuSchG, Jugendschutzgesetz), the holiday regulations and basic principles of the FSK. These principles are issued by the Basic Principles Commission, consisting of 20 representatives from the film and video industry, public authorities and state-funded broadcasting stations governed by public law.
The FSK takes into account whether or not a film is shown on certain specially protected holidays mentioned in the Basic Law for the Federal Republic of Germany
. These are Good Friday
, All Saints
, Volkstrauertag
(Memorial Day), Buß- und Bettag (Penance
Day) and also Totensonntag
(the German Remembrance Sunday
).
The FSK is financially autonomous and funds its work through fees from every inspected media carrier. It is operated as an affiliate of the SPIO in the form of a private limited company; however, the SPIO does not influence its decisions.
The design of the rating labels was approximately 10 mm x 10 mm with rounded corners and black border lining and letters.
While not obligatory, it is common to display a rectangular, black and white logo with "SPIO/JK geprüft" and the JK certificate granted. These movies may be additionally indexed (blacklisted) by the German Testing Centre for Youth-Endangering Media
. JK/SPIO certified films are usually indexed within a month or two or publication with only a few exceptions, e.g. Virtuosity
.
or media studies
. The inspectors may not be employed by the movie or video industry, to avoid biased decisions. Therefore when appointing inspectors, importance is attached to the fact that these inspectors should come from different occupational fields and social classes.
The rating of movies is carried out by various committees. These are the Working Committee, which does most of the inspections, the Main Committee, acting as a court of appeal, and the Appeals Committee, for appeals to the youth inspection. In practice, the three committees work in parallel.
The working committees are the first ones in the FSK to inspect each film that is registered. Normally each consists of seven inspectors — three from the movie industry and four named by the public authorities — as well as a representative of the country's youth authorities.
Erich Pommer
, the former UFA
film producer and then Film Officer in the American occupation zone, was in charge of rebuilding and reorganizing the German movie industry. Together with film director Curt Oertel and Horst von Hartlieb, the director of the movie rental association in Wiesbaden
, Pommer developed a voluntary self inspection system for the movie industry modelled on the Hays Code in the USA. The goal of this institution was to avoid governmental regulation of the movie industry and to replace the effective military censoring: And here was our first thought, because we had a bad experience in the Third Reich: to build a self-organized film inspection system, because a federal film inspection system is always in danger of starting to control political attitude.(Horst von Hartlieb)
Moreover, youth protection played no role in admission to movies of the occupying powers, so children and minors had unrestricted access to movies. Because of this, at the start of 1948 the German secretary of education of the western occupied zones set up a commission to answer the question of whether young people were endangered by movies. It was intended to develop suggestions for nationwide youth protection connected to films. The work of this agency began in the Hessian ministry for culture in Wiesbaden. As well as the representatives of the other countries' secretaries of education, representatives of the movie industry, the churches and the Katholische Jugend Bayern (Catholic Youth of Bavaria) were also invited to the hearing.
The result of the hearings was the establishment of the fully self-governed entity known as the FSK. The first film was handed over for inspection on July 18, 1949. On September 28, 1949 the allied military agencies officially transferred the inspection authority to the FSK.
The countries of the Soviet occupational zone did not take part in the FSK, since the film inspection there was taken on by the government of the GDR, formed in the same year.
When the German Youth Protection Law was amended in 1985, the mandatory rating was broadened to include new media (video films and comparable picture media). The German Association Video e.V. (e.V = membership corporation) followed the FSK, to inspect all released video films. In the same year, the rating "Freigabe ohne Altersbeschränkung" (Universal) was added.
During German unification
the new federal states followed the FSK and sent their representatives to the board of inspectors.
Since 1995, any digital media containing film sequences have been inspected for their rating as well.
The movie Sophie Scholl – Die letzten Tage
was the 100,000th film inspected by the FSK on December 9, 2004.
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
motion picture rating system
Motion picture rating system
A motion picture rating system is designated to classify films with regard to suitability for audiences in terms of issues such as sex, violence, substance abuse, profanity, impudence or other types of mature content...
organisation run by the Spitzenorganisation der Filmwirtschaft (SPIO, Head Organisation of the Movie Industry) based in Wiesbaden
Wiesbaden
Wiesbaden is a city in southwest Germany and the capital of the federal state of Hesse. It has about 275,400 inhabitants, plus approximately 10,000 United States citizens...
.
Assignment
The main tasks of the FSK are approving and rating movieFilm
A film, also called a movie or motion picture, is a series of still or moving images. It is produced by recording photographic images with cameras, or by creating images using animation techniques or visual effects...
s and trailers, videos
VHS
The Video Home System is a consumer-level analog recording videocassette standard developed by Victor Company of Japan ....
and DVD
DVD
A DVD is an optical disc storage media format, invented and developed by Philips, Sony, Toshiba, and Panasonic in 1995. DVDs offer higher storage capacity than Compact Discs while having the same dimensions....
s, and commercials.
There is no legal obligation for approval by the FSK; however, members of the SPIO commit themselves to only releasing productions passed by the FSK. Movies not rated by the FSK may only be sold and rented to adults, regardless of their content.
The legal basis for the actions of the FSK are a youth protection law (JuSchG, Jugendschutzgesetz), the holiday regulations and basic principles of the FSK. These principles are issued by the Basic Principles Commission, consisting of 20 representatives from the film and video industry, public authorities and state-funded broadcasting stations governed by public law.
The FSK takes into account whether or not a film is shown on certain specially protected holidays mentioned in the Basic Law for the Federal Republic of Germany
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
. These are Good Friday
Good Friday
Good Friday , is a religious holiday observed primarily by Christians commemorating the crucifixion of Jesus Christ and his death at Calvary. The holiday is observed during Holy Week as part of the Paschal Triduum on the Friday preceding Easter Sunday, and may coincide with the Jewish observance of...
, All Saints
All Saints
All Saints' Day , often shortened to All Saints, is a solemnity celebrated on 1 November by parts of Western Christianity, and on the first Sunday after Pentecost in Eastern Christianity, in honour of all the saints, known and unknown...
, Volkstrauertag
Volkstrauertag
Volkstrauertag is a day of remembrance observed annually in Germany on the second from last Sunday before the first day of Advent. It commemorates all those who died in armed conflicts or as the victims of violent oppression...
(Memorial Day), Buß- und Bettag (Penance
Penance
Penance is repentance of sins as well as the proper name of the Roman Catholic, Orthodox Christian, and Anglican Sacrament of Penance and Reconciliation/Confession. It also plays a part in non-sacramental confession among Lutherans and other Protestants...
Day) and also Totensonntag
Totensonntag
Totensonntag , also called Ewigkeitssonntag is a German religious holiday observed mainly in Lutheran churches.- History :...
(the German Remembrance Sunday
Remembrance Sunday
In the United Kingdom, 'Remembrance Sunday' is held on the second Sunday in November, which is the Sunday nearest to 11 November Armistice Day. It is the anniversary of the end of hostilities in the First World War at 11 a.m...
).
The FSK is financially autonomous and funds its work through fees from every inspected media carrier. It is operated as an affiliate of the SPIO in the form of a private limited company; however, the SPIO does not influence its decisions.
Overview
| Current labels | Labels from April 2003 to December 2008 | Restrictions April 2003 to December 2008 | Abbreviations April 2003 to December 2008 | Labels before April 2003 |
|---|---|---|---|---|
| Freigegeben ohne Alters- beschränkung gemäß § 14 JuSchG FSK |
Released without age restriction. | o.Al. or FSK 0 |
Freigegeben ohne Alters- beschränkung gemäß § 7 JÖSchG FSK |
|
| Freigegeben ab 6 Jahren gemäß § 14 JuSchG FSK |
Released to age 6 or older. | ab 6 or FSK 6 |
Freigegeben ab 6 Jahren gemäß § 7 JÖSchG FSK |
|
| Freigegeben ab 12 Jahren gemäß § 14 JuSchG FSK |
Released to age 12 or older and to age 7 or older with parental guidance. Broadcast on TV Television Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound... all day with some exceptions only after 20:00, unless re-edited. |
ab 12 or FSK 12 |
Freigegeben ab 12 Jahren gemäß § 7 JÖSchG FSK |
|
| Freigegeben ab 16 Jahren gemäß § 14 JuSchG FSK |
Released to age 16 or older. Broadcast on TV Television Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound... only after 22:00 unless approved by special permit or re-edited to secure a "12" rating. |
ab 16 or FSK 16 |
Freigegeben ab 16 Jahren gemäß § 7 JÖSchG FSK |
|
| Keine Jugendfreigabe gemäß § 14 JuSchG FSK |
No release to youths (released to age 18 or older). Broadcast on TV Television Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound... only after 23:00. |
KJ | Nicht freigegeben unter 18 Jahren gemäß § 7 JÖSchG FSK |
|
| All current labels |
Alternative label before April 2003 | |||
| Freigegeben ab 18 Jahren gemäß § 7 JÖSchG FSK |
Current ratings
Since December 2008 there is a new design of the labels for ratings according to § 12 Abs. 2 Satz 2 JuSchG. On the front cover, lower left side, the label must be with a size of minimum 1200 mm² (3.46 cm x 3.46 cm). On the media itself the label must be in a size of minimum 250 mm² (1.58 cm x 1.58 cm). The labels are transparent squares with rounded corners with a non-transparent lining around and a non-transparent circle inside, all three (square, lining, circle) in the same colour. The rating text is printed inside the circle in black letters.2003 - 2008
From April 1, 2003 to December 2008 the ratings were based on § 14 JuSchG (Jugendschutzgesetz, youth protection law). Changes from the ratings before April 2003 were the allowing of a parental guidance rule for "Freigegeben ab 12 Jahren" and the replacement of "Nicht freigegeben unter 18 Jahren" with "Keine Jugendfreigabe". The labels were usually printed on the back covers of DVDs, VHS cassettes and other media in approximately 10 mm x 10 mm with rounded corners and black border lining and letters.Before 2003
Before April 1, 2003 the ratings were based on § 6 and 7 JÖSchG (Gesetz zum Schutze der Jugend in der Öffentlichkeit, law for protecting youth in public). Differences were:- "Freigegeben ab 12 Jahren" was only released to age 12 or older. There was no parental guidance rule.
- "Nicht freigegeben unter 18 Jahren" (alternative: "Freigegeben ab 18 Jahren"): not released to under age 18, abbreviation FSK 18, since April 1, 2003 replaced with "Keine Jugendfreigabe".
The design of the rating labels was approximately 10 mm x 10 mm with rounded corners and black border lining and letters.
1957 - 1985
From 1957 to 1985 "Freigegeben ab 18 Jahren": released to age 18 or older, replaced since April 2003 by "Nicht freigegeben unter 18 Jahren", had the same restrictions.SPIO/JK certificates
If a movie does not comply with FSK basic principles (eg glorification of violence), a rating can be denied. A movie which is not rated by FSK is checked for possible violation against applicable law by a jurist agency (Juristen-Kommission, JK) of the Spitzenorganisation der Filmwirtschaft (SPIO). The JK compiles certificates for the reviewed movies. Approved movies receive one of two classifications:- Keine schwere Jugendgefährung or no severe danger to youth. While these movies are considered by the Juristenkommission to represent a danger to youth, this danger is not perceived to be considerable. In German this is sometimes known as a leichte Jugendgefährdung or mild/slight danger to youth. Films with this certificate may still be only sold on the open market as with films rated FSK 18, but are subject to indexing.
- Strafrechtlich unbedenklich or not in violation of applicable criminal law - Movies given this certificate are usually considered to be a severe danger to youth but do not violate criminal law. A failure to achieve such a certificate is usually attributable to an expected violation of 131b of the German Criminal Code, but may also be in violation of child pornography legislation or the display and promotion of symbols, songs or political ideologies in violation of the constitution (e.g. National Socialism). The awarding of this certificate does not constitute a legal decree. The movie in question may still be confiscated at a later date if decreed by a court of law, as demonstrated with Hostel 2Hostel 2Hostel: Part II is a 2007 horror film by writer-director Eli Roth that is the sequel to the 2005 horror film Hostel. The film was released on June 8, 2007 in the United States. Like its predecessor, the film is set in Slovakia and centers on a facility in which rich clients pay to torture and kill...
. These films may not be sold openly, even if the film in question has not yet been indexed. Due to their not being certified by the FSK, these movies are also subject to indexing.
While not obligatory, it is common to display a rectangular, black and white logo with "SPIO/JK geprüft" and the JK certificate granted. These movies may be additionally indexed (blacklisted) by the German Testing Centre for Youth-Endangering Media
Bundesprüfstelle für jugendgefährdende Medien
The Federal Department for Media Harmful to Young Persons is an upper-level German federal agency subordinate to the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth. It is responsible for examining media works allegedly harmful to young people and entering these onto an...
. JK/SPIO certified films are usually indexed within a month or two or publication with only a few exceptions, e.g. Virtuosity
Virtuosity
Virtuosity is a 1995 techno-thriller film directed by Brett Leonard. The movie tells the story of a virtual villain's successful attempt to escape into the "real world". SID 6.7, the villain program portrayed by Russell Crowe, is eventually transplanted into an android body and escapes...
.
Structure and mode of operation of the FSK
Over 190 inspectors work for the FSK on a voluntary, unpaid basis. They are appointed by the movie and video industry and the public authorities for three years, and must have experience in dealing with children and minors or have similar factual knowledge of psychologyPsychology
Psychology is the study of the mind and behavior. Its immediate goal is to understand individuals and groups by both establishing general principles and researching specific cases. For many, the ultimate goal of psychology is to benefit society...
or media studies
Media studies
Media studies is an academic discipline and field of study that deals with the content, history and effects of various media; in particular, the 'mass media'. Media studies may draw on traditions from both the social sciences and the humanities, but mostly from its core disciplines of mass...
. The inspectors may not be employed by the movie or video industry, to avoid biased decisions. Therefore when appointing inspectors, importance is attached to the fact that these inspectors should come from different occupational fields and social classes.
The rating of movies is carried out by various committees. These are the Working Committee, which does most of the inspections, the Main Committee, acting as a court of appeal, and the Appeals Committee, for appeals to the youth inspection. In practice, the three committees work in parallel.
The working committees are the first ones in the FSK to inspect each film that is registered. Normally each consists of seven inspectors — three from the movie industry and four named by the public authorities — as well as a representative of the country's youth authorities.
History
After World War IIWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
Erich Pommer
Erich Pommer
Erich Pommer was a German-born film producer and executive. He was involved in the German Expressionist film movement during the silent era as the head of production at Decla, Decla-Bioscop and from 1924 to 1926 at Ufa responsible for many of the best known movies of the Weimar Republic such as...
, the former UFA
Universum Film AG
Universum Film AG, better known as UFA or Ufa, is a film company that was the principal film studio in Germany, home of the German film industry during the Weimar Republic and through World War II, and a major force in world cinema from 1917 to 1945...
film producer and then Film Officer in the American occupation zone, was in charge of rebuilding and reorganizing the German movie industry. Together with film director Curt Oertel and Horst von Hartlieb, the director of the movie rental association in Wiesbaden
Wiesbaden
Wiesbaden is a city in southwest Germany and the capital of the federal state of Hesse. It has about 275,400 inhabitants, plus approximately 10,000 United States citizens...
, Pommer developed a voluntary self inspection system for the movie industry modelled on the Hays Code in the USA. The goal of this institution was to avoid governmental regulation of the movie industry and to replace the effective military censoring: And here was our first thought, because we had a bad experience in the Third Reich: to build a self-organized film inspection system, because a federal film inspection system is always in danger of starting to control political attitude.(Horst von Hartlieb)
Moreover, youth protection played no role in admission to movies of the occupying powers, so children and minors had unrestricted access to movies. Because of this, at the start of 1948 the German secretary of education of the western occupied zones set up a commission to answer the question of whether young people were endangered by movies. It was intended to develop suggestions for nationwide youth protection connected to films. The work of this agency began in the Hessian ministry for culture in Wiesbaden. As well as the representatives of the other countries' secretaries of education, representatives of the movie industry, the churches and the Katholische Jugend Bayern (Catholic Youth of Bavaria) were also invited to the hearing.
The result of the hearings was the establishment of the fully self-governed entity known as the FSK. The first film was handed over for inspection on July 18, 1949. On September 28, 1949 the allied military agencies officially transferred the inspection authority to the FSK.
The countries of the Soviet occupational zone did not take part in the FSK, since the film inspection there was taken on by the government of the GDR, formed in the same year.
When the German Youth Protection Law was amended in 1985, the mandatory rating was broadened to include new media (video films and comparable picture media). The German Association Video e.V. (e.V = membership corporation) followed the FSK, to inspect all released video films. In the same year, the rating "Freigabe ohne Altersbeschränkung" (Universal) was added.
During German unification
German reunification
German reunification was the process in 1990 in which the German Democratic Republic joined the Federal Republic of Germany , and when Berlin reunited into a single city, as provided by its then Grundgesetz constitution Article 23. The start of this process is commonly referred by Germans as die...
the new federal states followed the FSK and sent their representatives to the board of inspectors.
Since 1995, any digital media containing film sequences have been inspected for their rating as well.
The movie Sophie Scholl – Die letzten Tage
Sophie Scholl – The Final Days
Sophie Scholl – The Final Days is a 2005 German film by director Marc Rothemund and writer Fred Breinersdorfer. It is about the last days in the life of Sophie Scholl, a 21-year-old member of the anti-Nazi non-violent student resistance group the White Rose, part of the German Resistance movement...
was the 100,000th film inspected by the FSK on December 9, 2004.
See also
- Bundesprüfstelle für jugendgefährdende MedienBundesprüfstelle für jugendgefährdende MedienThe Federal Department for Media Harmful to Young Persons is an upper-level German federal agency subordinate to the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth. It is responsible for examining media works allegedly harmful to young people and entering these onto an...
- Freiwillige Selbstkontrolle Fernsehen
- MPAA film rating systemMPAA film rating systemThe Motion Picture Association of America's film-rating system is used in the U.S. and its territories to rate a film's thematic and content suitability for certain audiences. The MPAA system applies only to motion pictures that are submitted for rating. Other media may be rated by other entities...
- OFLCOffice of Film and Literature Classification (New Zealand)The Office of Film and Literature Classification is the government agency in New Zealand that is responsible for classification of all films, videos, publications, and some video games in New Zealand...
, the New ZealandNew ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
media rating system - Hays Code
- CensorshipCensorshipthumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...