loCAliZAtion As AdAptAtion in the WOLFENSTEIN frAnChise
211
media to be electronically or physically distributed in Germany have to
be examined for content harmful to young persons. 28 No data media may
be distributed to young persons in Germany before this examination is
completed. 29 The Supreme Youth Protection Authorities of the Federal States
(Oberste Landesjugendbehörden, hereafter OLJB) authorize the Entertainment Software Self-Regulation Body (USK) to rate video games 30 against a
rating system established by the OLJB. 31
The rating procedure of the USK and its following steps can have one
of three results, which impose restrictions on the sale and marketing of
video games:
1. Mild restrictions, being rated “not released for young people”
by the USK;
2. Severe restrictions, not being rated by the USK and optionally
subsequently indexed by the Federal Department for Media
Harmful to Young Persons (Bundesprüfstelle für jugendgefährdende Medien, BPjM);
3. Confiscation, i.e. the criminalization of sale and marketing by
court order.
If the USK considers a video game to be “harmful to young people,” then
the mildest restrictions will apply. The video game is then labeled by the
USK as “not released for young people,” i.e. persons under the age of 18. The
criteria relate to instigation of violence, crime, and racism as well as denial
of the rule of law. 32
Severe restrictions apply to video games that do not receive a label from
the USK because they are considered “severely harmful to young people.”
If a video game is considered to be in that category the USK informs the
OLJB. Consequently, a video game can be indexed by the BPjM. 33 The same
restrictions apply if a video game remains unrated. 34 The criteria relevant to
the Wolfenstein series are glorification of war, ultra-violence, and especially
displaying “in a disgraceful manner people who are dying or are exposed to
the service of art” in general, and thus might still be punishable by criminal law (Liesching, 310).
The different treatment of different media product types however, is considered problematic
in legal studies (Köhne, 211; Liesching, 309–310). Nonetheless, the use of forbidden symbols in
video games is scarcely treated by research and in judicature (ibid., 309–310).
28 JuSchG, §§ 12 and 14; Kauert, 2:572, paragraph 178.
29 JuSchG, § 12, paragraph 3; Kauert, 2:572, paragraph 178.
30 JuSchG, § 14, paragraph 6.
31 Described in ibid., § 14, paragraph 2.
32 According to ibid., § 18, paragraph 1.
33 The BPjM is established by ibid., §§ 19–25.
34 Ibid., § 18, paragraph 1.
211
media to be electronically or physically distributed in Germany have to
be examined for content harmful to young persons. 28 No data media may
be distributed to young persons in Germany before this examination is
completed. 29 The Supreme Youth Protection Authorities of the Federal States
(Oberste Landesjugendbehörden, hereafter OLJB) authorize the Entertainment Software Self-Regulation Body (USK) to rate video games 30 against a
rating system established by the OLJB. 31
The rating procedure of the USK and its following steps can have one
of three results, which impose restrictions on the sale and marketing of
video games:
1. Mild restrictions, being rated “not released for young people”
by the USK;
2. Severe restrictions, not being rated by the USK and optionally
subsequently indexed by the Federal Department for Media
Harmful to Young Persons (Bundesprüfstelle für jugendgefährdende Medien, BPjM);
3. Confiscation, i.e. the criminalization of sale and marketing by
court order.
If the USK considers a video game to be “harmful to young people,” then
the mildest restrictions will apply. The video game is then labeled by the
USK as “not released for young people,” i.e. persons under the age of 18. The
criteria relate to instigation of violence, crime, and racism as well as denial
of the rule of law. 32
Severe restrictions apply to video games that do not receive a label from
the USK because they are considered “severely harmful to young people.”
If a video game is considered to be in that category the USK informs the
OLJB. Consequently, a video game can be indexed by the BPjM. 33 The same
restrictions apply if a video game remains unrated. 34 The criteria relevant to
the Wolfenstein series are glorification of war, ultra-violence, and especially
displaying “in a disgraceful manner people who are dying or are exposed to
the service of art” in general, and thus might still be punishable by criminal law (Liesching, 310).
The different treatment of different media product types however, is considered problematic
in legal studies (Köhne, 211; Liesching, 309–310). Nonetheless, the use of forbidden symbols in
video games is scarcely treated by research and in judicature (ibid., 309–310).
28 JuSchG, §§ 12 and 14; Kauert, 2:572, paragraph 178.
29 JuSchG, § 12, paragraph 3; Kauert, 2:572, paragraph 178.
30 JuSchG, § 14, paragraph 6.
31 Described in ibid., § 14, paragraph 2.
32 According to ibid., § 18, paragraph 1.
33 The BPjM is established by ibid., §§ 19–25.
34 Ibid., § 18, paragraph 1.