It’s Now Illegal to Sell Adult eBooks Before 10 PM in Germany

It's Now Illegal to Sell Adult eBooks Before 10 PM in Germany Amazon eBookstore Germany has just given us a graphic example of what can go wrong when one unthinkingly applies decades old legal concepts to modern web tech.

Heise.de and Boersenblatt reported on Friday and Thursday that the Jugendschutzbehörde (Youth Protection Authority) has handed down a new ruling which extended Germany's Youth Media Protection Law to include ebooks.

As a result of a lawsuit (legal complaint?) over the German erotica ebook Schlauchgelüste (Pantyhose Cravings), the regulators have decided that ebook retailers in Germany can now only sell adult ebooks between 10 pm and 6 am local time (4 pm and midnight, eastern US).

Update: Or perhaps not. A publishing industry lawyer is disputing the accuracy of the early media reports. She says that there will be no curfew.

No, seriously, I'm not joking. Germany really does have this law (Jugendmedienschutz-Staatsvertrag, JMStV). It was passed in 2002 and has been on the books ever since then, but regulators only just now decided that it applied to ebooks.

According to Wikipedia, the law (JMStV) covers a number of areas, including "the protection of minors in advertising and teleshopping". In this case it is intended to protect kids from adult ebooks, and it is backed up by fines of up to 500,000 euros.

Given that the law was written in the internet era, I am astounded that regulators would actually apply it in this manner. (I am also astounded that the regulators had not noticed the erotica and other adult content in the ebookstores in the four years since the Kindle Store launched in Germany, but that's a whole other issue.)

Boersenblatt says that the 10 pm to 6 am window originally came from restrictions on adult cinema (where it made sense), but I still don't understand what the regulators were thinking in applying that rule to the internet. Do they really believe that the adult internet, including porn sites, pirate sites, video sites, etc, is going to be turned off for 16 hours a day?

Maybe they do believe that, but I can assure you that said sites worked fine when I visited one earlier today (it was strictly a work-related activity, I swear).

And apparently that is how they want the ebook retailers to operate. According to my sources, the retailers are going to have to start tracking which titles count as "youth-endangering" under German law. Those ebooks will have to be isolated in a specific section of each ebookstore, which (theoretically) can then be made invisible using filtering software.

In a way, the new classification and the new filter are not dissimilar to the adult filter Smashwords applies in its ebookstore. It is also similar to a suggestion I made in late 2013 just before everyone got caught up in that moral panic over self-published ebook erotica.

But not too similar; the new German adult section will of course contain a different cross section of content from the titles swept up in the purge in 2013. In addition to the aforementioned self-published titles, erotica titles published by legacy publishers will also be folded in.

It is not clear at this time how the ebook retailers will respond. I have queried my contacts at Kobo and Amazon, and will report back with their responses.

Until I get a response, I will be sitting here pondering the sheer pointlessness of this legal decision. Given the prevalence of adult content on websites outside of Germany, trying to control access on sites in Germany  is just nuts.

Even King Canute knew that he could not hold back the tide, but apparently German regulators lack that level of common sense.

image by Jan Tik

Nate Hoffelder

View posts by Nate Hoffelder
Nate Hoffelder is the founder and editor of The Digital Reader: He's here to chew bubble gum and fix broken websites, and he is all out of bubble gum. He has been blogging about indie authors since 2010 while learning new tech skills at the drop of a hat. He fixes author sites, and shares what he learns on The Digital Reader's blog. In his spare time, he fosters dogs for A Forever Home, a local rescue group.

21 Comments

  1. puzzled20 June, 2015

    This will, of course, result in increased sales of the aforementioned literature to minors in Germany.

    Reply
    1. Thomas20 June, 2015

      Hey, as long as it gets the kids to read, it’s all good.

      Reply
  2. Ana20 June, 2015

    I suspect there’s a similar law in other European countries , maybe it’s not specific for ebooks but at least here in Spain a web with special offers on certain brands only give access to an “adult toys” brand after 9 pm.

    Reply
  3. […] Aparentemente esa es la forma en la que esperan que funcionen los distribuidores de libros electrónicos en Alemania. Estos tendrán que identificar los títulos que son “dañinos para los jóvenes” según la ley alemana, y estos tendrán que estar aislados en una sección de la tienda que será invisible durante el horario restringido. |  Fuente: The Digital Reader […]

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  4. […] Fonte: The Digital Reader. […]

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  5. Anonymous22 June, 2015

    […] Fonte: The Digital Reader. […]

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  6. […] It’s Now Illegal to Sell Adult eBooks Before 10 PM in Germany […]

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  7. Wolf Baginski22 June, 2015

    I don’t know how companies such as Twitter decide on where I am, but they must think my den is on wheels, in a manner akin to some latter-day ursine Romany. This is, of course, untrue. I have taken up residence in a Solarian-Patrol-surplus dropship, Though the fusion landing-rockets are somewhat noisy.

    Well, that’s as true as anything you’re likely to get from my IPv4 address.

    Reply
  8. […] No Fooling! It’s Now Illegal to Sell Adult eBooks Before 10 PM in Germany (via The Digital Reader) Comment by Gary Price: In three words…This is silly (I agree with Nate H., author of the blog […]

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  9. […] The next time the government asks you to trust in their good and mature judgment, remember this. […]

    Reply
  10. Jimmy23 June, 2015

    Sounds a lot like the “TV watershed” rule in the UK.
    I agree that it will be difficult to police, but sounds to me like a pretty sensible rule.

    Reply
  11. […] regulacja jest tak idiotyczna, a? si? wierzy? nie chce. Ale tu nie o to chodzi. Erotyczne e-booki podci?gni?to pod prawo, które skonstruowano… ponad 10 lat temu. A ju? dekada w ?wiecie nowych technologii to szmat […]

    Reply
  12. Mark Kelly23 June, 2015

    This isn’t anything particularly new- there was a limited amount of controversy when this was applied to games a few years back, when nobody could buy games which had certain ratings from Nintendo’s download service- however, because of either the way the law was worded or the way Nintendo interpreted it, as all their servers for Europe were situated in Germany, it meant nobody else across Europe could download them either- so not only is it supposedly illegal to sell these products within Germany, it’s also illegal to sell them *from* Germany.

    I’m not sure how Nintendo have got around it (I know Nintendo’s 18-rated games can be downloaded around the clock in the UK now, but that’s about it) but its a little bit concerning that not only have German lawmakers spectacularly missed how the internet works, but also that it can have such an effect beyond its borders.

    Reply
    1. Nate Hoffelder24 June, 2015

      Thanks for this! I just used this in a follow up post.

      Reply
  13. […] than a story making the rounds this morning. According to multiple sites, Germany is attempting to prevent the sale of adult e-books during daytime […]

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  14. […] question. A l'heure où les contenus pornographiques en ligne n'ont jamais été aussi accessibles, la mesure fait déjà bien rire certains internautes qui estiment que les autorités allemandes vont avoir fort à faire pour arriver à leurs […]

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  15. […] blog broke the news late last week that German regulators were tightening the sales restrictions on adult ebooks. My two local sources had said that German ebook retailers would have to apply age verification and […]

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  16. […] It’s Now Illegal to Sell Adult eBooks Before 10 PM in Germany (the-digital-reader.com) […]

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