About us
What is the Voluntary Self-Monitoring of Multimedia Providers (FSM)?
The Voluntary Self-Monitoring of Multimedia Providers (FSM) is an association founded in 1997 by several organisations and companies of the online-industry. The members of the FSM share the opinion of the government and the federal states of Germany that also the industry has to act in order to stop the spreading of illegal and youth endangering contents via web services. That is why the FSM was founded. The association runs a complaint office and educates internet users on the responsible use of online services.
What is the legal basis for the FSM activities?
Primarily, providers and distributors are responsible for the legality of contents offered online. Therefore, § 7 of the German Interstate Treaty on the Protection of Minors (Jugendmedienschutz-Staatsvertrag, JMStV) rules: a provider of commercial online services which include youth endangering content has to appoint a youth protection commissioner. This obligation can also be fulfilled through commissioning an organisation of self-monitoring. The FSM is such an organisation of self-monitoring. As small and medium businesses might not be able to afford to appoint their own youth protection commissioners for their online services, ordering an organisation of self-monitoring is an important alternative.
Due to the Treaty on Youth Protection, self-regulation institutions can be licensed by the state so that they can protect their members from sanctions of the autorities in a certain scale. The FSM was licensed by the Commission for the Protection of minors in the media (Kommission für Jugendmedienschutz, KJM) as an institution of self-regulation in November 2004.
What kind of content is impermissible due to the code of conduct, and which companies acknowledge it?
The code of conduct of the FSM forbids accessibility and placement of impermissible contents (e.g. child pornography, violent pornography or sexual acts of persons involving animals/bestiality, sedition and youth endangering content). A company acknowledges the FSM code of conduct by committing to a self-obligation declaration. Thus, the company commits to respect the principles of the code of conduct and to accept possible penalties.
How does the FSM deal with incoming complaints?
Incoming complaints are dealt with by the FSM Complaint Office according to a detailed process defined in the Complaint Rules of the FSM. The FSM emphasises that this process is strictly constitutional. In preliminary proceedings, the entire issue will be clarified and the respondent will have the chance to speak out within a certain period. The respondent will also have the time to take corrective actions. If the provider does not change the contents, an examiner transmits the complaint to the independent Board of Complaints for arbitration. The Board of Complaints shall direct the proceedings in every stage to an amicable settlement between complainant and respondent. If this is not possible, the Board of Complaints may implement specific actions.
What may the FSM do if a complaint is warrantable?
The FSM may prosecute a company that has subscribed to the code of conduct but, however, breaches it. Sanctions can be, depending on the gravity of violation:
- advise and request to take corrective actions
- reprehension
- association penalty (penalty or exclusion)
A reprehension is to be published on the concerned provider’s website for one month. If the respective company does not take corrective action or disregards sanctions continuously, it can be excluded from membership in the FSM. Consequently, the company would then have the statutory duty to commission an appointee for the protection of minors at its own expenses.
The FSM also deals with contents of companies that have not signed the code of conduct. In such cases, giving the advice to change the respective website is the only possible sanction. If the non-member does not react, the host provider might be requested to delete the service.
What will happen if impermissible content is offered from abroad?
If there is an institution of self-regulation abroad that is comparable with the FSM, complaints concerning contents from abroad will be forwarded to the appropriate organisation. However, institutions of voluntary self-monitoring of internet services do not exist in all countries.
In 1999, the FSM and other organisations founded the "Association of Internet Hotline Providers in Europe" (INHOPE). INHOPE is a project sponsored by the Internet Action Plan of the EU and has grown from 6 to more than 20 members from 15 countries. Apart from European organisations, even American and Australian institutions participate in INHOPE. INHOPE aims at forwarding complaints, providing mutual support and exchanging expertise.
Is there cooperation with authorities?
The FSM is not a state-run authority. Nevertheless, in daily activities there are various contacts to governmental offices like the KJM, to the Federal Department for Media Harmful to Young Persons (BPjM), to the conjoint authority of the federal states for youth protection in media services (jugendschutz.net) and to the Federal Criminal Police Office (Bundeskriminalamt, BKA). If the FSM finds out about attempted crime referring to § 138 of the German Criminal Code (StGB), it will report to the police. If a complaint gives reasonable suspicion that life or limb or the freedom of individuals are endangered in concrete terms, the FSM will advise the appropriate authority. Complaints on child pornographic content will be transmitted to the Federal Crime Police Office with the complainant’s data omitted. Foreign youth endangering internet contents can be transmitted to the BPjM. Besides, the Complaint Office reserves the right to forward complaints against non-members to the KJM.
What has the FSM achieved so far?
From 2000 to 2009, the Complaint Office of the Voluntary Self-Monitoring of Multimedia Providers processed more than 15,000 complaints. This shows that the Complaint Office has become publicly accepted. The FSM participates successfully in the fight against the spreading of child pornography, not least because of extensive national and international cooperation. Furthermore, there is a strong demand for educational material developed for various topics. Moreover, staff members of the FSM are frequently contacted by providers and users with questions about youth protection issues.
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