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52-529: It was written in 1957 by the Swiss army officer Hans von Dach to prepare the Swiss population for an occupation of Switzerland by Warsaw Pact forces, an eventuality then considered possible in the context of the Cold War . The book has been republished as pirated translations in dozens of languages in numerous countries abroad, and notably found use by left-wing terror groups in the 1960s and 70s. Der totale Widerstand

104-556: A court when certain articles of the Strafgesetzbuch apply to them, such as glorification of violence or denial of the Holocaust . Confiscation results in a nationwide ban on its sale even to adults; the mere possession of such material remains legal (with the exception of child pornography). A well-known example of a confiscated work is Wolfenstein 3D , which was confiscated due to the use of Nazi symbols such as swastikas . Since it

156-576: A degenerate imagination", which is considered an insult to the comics' illustrator at the time, John Celardo . In 1978, the number and type of institutions which could petition for a work to be indexed was widened considerably. Since then, not only the higher authorities with responsibility for young people in the Länder (states), but also the youth welfare offices of individual Kreise (districts) have been authorized to submit applications. The number of applications for indexing has multiplied significantly as

208-445: A hundred works on military tactics. The book is a manual for irregular warfare against an occupying force, intended to be used by civilians rather than by soldiers. It presumes a form of irregular resistance involving no arms heavier than light infantry arms: rifles, hand grenades and mines. The topics covered in the first volume include: The other volumes describe the manufacture and use of basic weapons: chemical weapons (vol. 2),

260-524: A possible Soviet invasion. The book was printed in secret by the French intelligence agency DGSE . Only ten were handed out before Finnish officials confiscated the books and Riutta and one of his associates was charged with espionage against the Soviet Union for France. In Germany, the book was often found in police searches, including with Red Army Faction members. Since 1988, Der totale Widerstand has been

312-658: A result of this. Following the Erfurt massacre (a Columbine -like shooting at a school in Erfurt ), the Jugendschutzgesetz was passed in June 2002, replacing the Gesetz über die Verbreitung jugendgefährdender Schriften and the Gesetz zum Schutz der Jugend in der Öffentlichkeit (Law for Protection of Young Persons in Public Places). It came into effect on 1 April 2003. The change in

364-614: A violation of the Youth Protection Act. If it is not, then banning publication of the lists would not be permitted under Article 5 of the German constitution . Under the new Jugendschutzgesetz , a decision to index remains valid for 25 years. After that, the work is automatically removed from the Index . If the BzKJ is of the opinion that there is still a risk of harm to young people, it must begin

416-689: A work has a variety of legal implications; chiefly, restrictions on sale and advertisement. The basic rights of freedom of expression and artistic freedom in Article 5 of the German Grundgesetz are not guaranteed without limits. Along with the "provisions of general laws" and "provisions [...] in the right of personal honour", "provisions for the protection of young persons" may restrict freedom of expression (Article 5 Paragraph 2). The Protection of Young Persons Act , which came into effect in April 2003,

468-435: Is obvious . At least one assessor on the panel must be a representative of art, literature, the book trade and publishing, or the video or telecommunications industry. An application for indexing will be accepted only if the panel votes unanimously. The person responsible for an indexed work can file suit against the decision to index in an administrative court. The List of Media Harmful to Young People (colloquially known as

520-510: Is an upper-level German federal agency and youth protection panel subordinate to the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth . It is responsible for examining media works suspected to be harmful to young people. These works are added to an official list – a process known as Indizierung (indexing) in German - as part of child protection efforts. The decision to index

572-474: Is made by a government body, the BPjM must always examine the media work. If a non-governmental body makes a request, the BPjM can decide itself if it needs to take action. No organization or individual other than the prescribed government bodies may make an Antrag . In practice applications are normally made by the youth welfare offices. The authors, producers or rightsholders of the work in question are notified of

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624-454: Is one such provision. It superseded the Gesetz über die Verbreitung jugendgefährdender Schriften (Law on the Distribution of Works Harmful to Young Persons) as the legal basis for the restriction of freedom of expression when applied to physical media (printed works, videos , CD-ROMs , etc.). The Jugendmedienschutz-Staatsvertrag (State Treaty on Media Protection of Young Persons) between

676-548: Is prohibited under the Strafgesetzbuch (German Criminal Code) (in the opinion of the BzKJ ) Sublist E : Entries prior to 1 April 2003 Sublist C : All indexed virtual works harmful to young people whose distribution is prohibited under Article 4 of the Jugendmedienschutz-Staatsvertrag Sublist D : All indexed virtual works, which potentially have content whose distribution is prohibited under

728-466: Is removed. The decision to index requires a majority of two thirds of the votes. If this majority is not reached, the indexing is rejected. In the event that the Bundesprüfstelle holds a meeting with the legal quorum of nine people, a qualified majority of seven must vote to index or the application will be rejected. The Dreier-Gremium has jurisdiction only in cases where harm to young people

780-414: Is the legal uncertainty as to whether a critical discussion of an indexed work is legally permissible or whether it infringes the advertising ban. This can be traced back to the differing positions of various public prosecutor's offices and a clarification of the legal position by law enforcement agencies would consequently be helpful. The critique that the BzKJ is an organisation unique to Germany ignores

832-471: Is thus often labelled as outdated, useless for parents and society as a whole. Since it seems to only just provide a thin veil of false security for youth protection, it leads to a disproportionate factual restriction of adults' freedom of information. Indexing is not the only mechanism in use in Germany by which broader circulation of certain media works is prevented. Works may also receive a confiscation order by

884-547: The Index ) is published only for physical media (those whose content is stored as an object rather than virtually). The list of virtual media is not published so as to avoid advertising these works. It is technically illegal for third parties to publish the list, and the only sanctioned lists can be found in the official publications of the BzKJ . The lists are published in BzKJ-Aktuell , a quarterly journal which costs €14 per issue. Nonetheless, there are numerous lists available on

936-636: The Partisan 9mm submachine gun (vol. 3), the TARN pistol (vol. 4), improvised explosive devices (vol. 5), the TELL noise suppressor (vol. 6) and hand grenades (vol. 7). It concludes with the words: "Better die standing than live kneeling!". Because the book is based on the conduct of World War II occupying forces (Nazi Germany and the Soviet Union), most of its contents are politically and technically no longer applicable to

988-583: The September 2017 elections , which included parodies of the candidates fighting each other. This included the portrayals of Angela Merkel as a reptiloid and Alexander Gauland , who had a special move that involved Swastika imagery. When this was noticed by public authorities, they began the prosecution of the game in December, submitting it to the Public Prosecutor General 's office for review based on

1040-552: The Strafgesetzbuch . Figures are from 2004. The legal consequences of a work being listed on the Index are enumerated in § 15 JuSchG: Indexed content of lists A and C can, however, be advertised and sold to adults on the Internet, if it is technically ensured that minors do not have access to the content (closed user groups). Media on lists B and D may be disseminated under the aforementioned conditions, however, they should not be distributed through broadcasting system, including

1092-644: The Wolfenstein 3D decision. The Attorney General declined to consider the game illegal under Strafgesetzbuch section 86a , stating that the 1998 ruling was outdated. Since then, the USK had adopted age ratings for video games and that there was no reason not to consider video games as art within the social adequacy clause. As a result, the Supreme Youth Protection Authority of the Federal States adapted

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1144-425: The arts and business are represented by honorary assessors. The members of the panel act independently and not as directed by the interests they represent. The Zwölfer-Gremium consists of: The hearing, which representatives of the work in question can take part in, is oral and not open to the public. However, the presiding officer can allow third parties to attend the hearing. As in the courts, transcripts of

1196-587: The Chief of the General Staff vetoed the publication of Total Resistance as an army manual, partly because of concerns that it advocated conduct that violated the laws of war . When the Swiss Army did establish a secret stay-behind organization, P-26 , in the 1970s, it was conceived as a top-down, cadre-led structure rather than the broad, decentralized civilian resistance movement envisioned by von Dach. Nonetheless,

1248-401: The Internet is legal only if technical measures prohibit minors from getting access to the object (AVS = Age Verification System or Adult-Check-System). The BzKJ has drawn criticism for de facto censorship , paternalism and restricting the freedom of speech and of the press on the following grounds: The counter-argument states that the advertising ban on indexed works is not the aim of

1300-436: The Internet that reveal which media has been indexed or confiscated. While these online lists are technically illegal, their right to exist and their manner(s) of publication have not been tested in court, as only a small number of them have shut down voluntarily after receiving complaints from a number of non-governmental youth protection associations. As such, it is as yet unknown whether the publication of these lists could be

1352-528: The Internet. It is a matter of dispute whether criticism or discussion of indexed works is allowed in works that are accessible to young people. Public prosecutors have not been unanimous in this regard, but publishers tend to lean on the side of safety, for example, in the German version of Marc Saltzman's Game Design: Secret of the Sages , the titles of indexed games were replaced by random strings matching only their first letters and lengths. Pornographic content on

1404-627: The Soviet Union, the book was derided as "nonsense" in a 1984 newspaper article. Total Resistance became notably popular as an instruction manual for several left-wing terror groups active in the 1960s and 70s. According to Swiss and European police reports of the time, it was widely disseminated in left-wing militant circles, and its tactics were used in bomb attacks in Southern Tyrol, New York and Frankfurt, as well as in unrests in Paris. For instance, in Italy,

1456-510: The application or request for indexing. They have the right to a legal hearing. The Bundesprüfstelle may not continue with the indexing process, if one of the following requirements if met: The decision whether a media work is harmful to young people is taken by the Zwölfer-Gremium (Panel of Twelve) or the Dreier-Gremium (Panel of Three). On these panels, youth protection agencies,

1508-626: The book remains part of the curriculum of the Swiss Army Military Academy at the ETH Zurich as one of the "classics of the history of strategy and the theory of war." The book soon found unexpected success abroad. In 1965, U.S. special forces published an unauthorized translation entitled Total Resistance – Swiss Army Guide to Guerilla Warfare and Underground Operations . Other pirated translations continued to be published in dozens of languages in countries ranging from Angola to Vietnam. In

1560-439: The decision to index, but its legal consequence. The BzKJ sees it as its responsibility to use the decision to index works harmful to young people in order to raise awareness that there is content which is unsuitable and damaging for minors. This should consequently encourage public debate about the depiction of violence in the media or about other matters of concern. In practice this debate seldom takes place. One reason for this

1612-441: The different Länder came into effect on the same day as the Jugendschutzgesetz and regulates the distribution of broadcasts and virtual media. It also provides a legal basis for the actions of the BPjM . The original Bundesprüfstelle für jugendgefährdende Schriften ( BPjS , Federal Department for Works Harmful to Young Persons) was established on 18 May 1954, after the Gesetz über die Verbreitung jugendgefährdender Schriften

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1664-464: The early 21st century. Some of von Dach's instructions remain relevant, however, to current conflicts, such as about how to sabotage infrastructure, construct roadblocks, make and use incendiary devices or hide weapons and ammunition. While popular in the militia officer corps, the book was not well received by senior Army leaders, who favored a defence policy based on conventional combined-arms and mechanized warfare rather than irregular warfare. In 1974,

1716-525: The early days of computer and video games, are unlikely to be made today. Regardless, many of these decisions are still in effect today. Consequently, the time period of 25 years that media is retained on the index is of high controversy. In recent times, it has become more prevalent for digital games on PC to use license keys, while an online activation has to be undertaken to use the license. Many publishers deem it necessary to restrict activation out of Germany for certain games. This leaves German adults without

1768-423: The fact that other western countries also have laws and mechanisms, albeit different in scope and practice, to prevent, for example, the sale of pornography to minors, Holocaust denial or racist literature and hate speech. The nature of the BzKJ' s judgements has altered over the decades and been modified in accordance with changing public opinion. Decisions to index from the 1950s and 1960s, and indeed those from

1820-433: The hearing are not published, but the written reasons for a decision can also be requested by those not involved in the proceedings. The names of the assessors are disclosed to those involved in the proceedings, and are also listed in both the transcript and the decision to index. If those not involved in the proceedings request the decision to index, any personal data (of assessors and also of any companies or lawyers involved)

1872-663: The implicit threat of a sustained defensive guerrilla warfare effort represented by his writings was considered to contribute to the overall Swiss defence strategy of deterrence ( dissuasion ). In addition to Total Resistance , von Dach authored more than a hundred publications about tactics, including army manuals, defence journal articles and books, such as Gefechtstechnik ("Combat technique", various editions from 1958 to 1957), Kampfbeispiele ("Combat examples", 1977) and Kampfverfahren der Verteidigung ("Defensive combat techniques", 1959). A gifted draftsman, he illustrated many of his own works. In his private life, von Dach

1924-512: The internationally best-known Swiss tactical theorist. Von Dach, a Bernese , was employed from 1970 to 1980 in the training division of the Swiss Defence Department . His emphasis on broadly based irregular warfare was not shared by senior Army leaders, who preferred to focus Switzerland's Cold War defence efforts on conventional combined-arms tactics and equipment. Consequently, his views had no influence on army strategy. Despite

1976-408: The law clarified the area over which the Bundesprüfstelle has authority. New forms of media such as websites and computer software were within its jurisdiction. As a result of these new powers the organisation's name was changed to the current Bundesprüfstelle für jugendgefährdende Medien . As previously, an examination order can result from the application of a state youth protection agency or from

2028-470: The law on account of their obvious harm to young people, without the need to add them to the Index . These include: However, as often it may not be immediately apparent whether a particular work has content as described in § 15, 2 JSchG, the Bundesprüfstelle is able to index such media for the purpose of clarification. The Bundesprüfstelle has consequently indexed works which deny the Holocaust , which would be indictable as Volksverhetzung or as bringing

2080-460: The legal proceedings afresh. After a popular movie has been removed from the index, there is usually a label that has it re-rated by the FSK (which does not rate indexed movies). Most previously indexed movies get an FSK 16 rating. As commercial interest in old video games is usually low, there is little interest in paying for a re-rating by the USK. In the event that the material or legal situation changes,

2132-420: The memory of the deceased into disrepute, when the public prosecutor 's office was not able to proceed further at that point. Upon the application ( Antrag ) of a youth welfare office or at the request of an accredited non-governmental youth organisation, the BPjM examines whether a written work, film , computer game or other media product has content they consider harmful to young persons. If an application

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2184-600: The only Swiss book whose distribution is restricted in Germany because it is indexed by the Federal Department for Media Harmful to Young Persons as "conducive to confusing the social ethics of children and young people, and to promote their inclination to violence". Hans von Dach Hans von Dach (1927–2003) was a Swiss military theorist. He was the author of the influential seven-volume 1957 guerrilla warfare manual Total Resistance ( Der totale Widerstand: Kleinkriegsanleitung für Jedermann ), which made him

2236-471: The option to import said games, while consoles do not have those kind of restrictions. So far, importing console games has not led to an incrimination of any publisher. While indexing keeps a larger portion of the German population (especially parents) in ignorance over indexed media, due to the Internet, it is easier than ever for minors to inform themselves about new media which might be indexed in Germany and thus be of more interest to them. The indexing process

2288-453: The publication of Total Resistance , then very popular among officers, as an army manual, partly because of these concerns. Von Dach dismissed them; believing that the Soviet Union, which he considered the most likely occupying force during the Cold War, would have no regard for the legalities of war in any case. He did enjoy tacit support for his authorial work by his military superiors, because

2340-456: The publisher Savelli included part of the book in a left-wing political guerrilla handbook, In caso di golpe. Manuale teorico-pratico per il cittadino di resistenza totale e di guerra di popolo di guerriglia e di controguerriglia , in 1975. In Finland , the book was translated as Vastarintaopas by Pertti Riutta of the right-wing Itsenäisyyden Puolesta organization in 1981. The book was intended to be handed out to trusted people to prepare for

2392-771: The request of a non-governmental youth organisation. For video games , the new law also made the ratings of the USK compulsory. Games that have been given a rating by this organisation can no longer be put on the index. The BPjM has the following responsibilities: § 18 Paragraph 1 JuSchG (Youth Protection Law) defines jugendgefährdend as that which is harmful "to the development of children or young people or to their education as autonomous and socially-compatible individuals". Media that are "immoral, brutalizing, or which provoke violence, crime or racial hatred" are named as examples of this. Under § 15 Paragraph 2 JSchG, certain types of content are subject to restricted distribution by virtue of

2444-560: The rightsholders for an indexed work can apply for the proceedings to be re-opened under Article 51 of the Verwaltungsverfahrengesetz (the Administrative Proceedings Law) with the aim of removing the work from the list. The List is subdivided into various sublists, and these in turn are subdivided into various indexes: Sublist A : Works that are harmful to young people Sublist B : Works whose distribution

2496-413: The wide readership reached by Total Resistance , von Dach was not promoted beyond the relatively junior rank of Major which he attained in 1963, 25 years before his retirement in 1988. This may have been to make it easier for the army to disclaim responsibility for his writings, which were criticized as advocating conduct that would violate the laws of war . In 1974, the Chief of the General Staff vetoed

2548-495: Was adopted on 9 June 1953. The presiding officers of the BPjS have been: The first session deciding upon applications requesting the indexing of materials took place on 9 July 1954. The first two works indexed by the BPjS were Tarzan comics . The rationale for this was that they would affect young people in a "nerve-inflaming and brutalising way" and "transport them into an unreal world of lies". Such works were supposedly "the result of

2600-530: Was engaged in social work for the homeless as a member of the Salvation Army . Federal Department for Media Harmful to Young Persons The Federal Agency for Child and Youth Protection in the Media (German: Bundeszentrale für Kinder- und Jugendmedienschutz or BzKJ ), until 2021 "Federal Review Board for Media Harmful to Minors" (German: Bundesprüfstelle für jugendgefährdende Media or BPjM ),

2652-529: Was first published in 1957 in seven volumes by the Swiss Non-Commissioned Officers' Association ( Schweizer Unteroffiziersverband , SUOV) with an intent of broad dissemination to the Swiss population. The book was a commercial success, being reprinted five times and selling in the tens of thousands, notably in West Germany and Austria. It became by far the most well-known of von Dach's more than

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2704-463: Was initially not clarified in court whether video games constitute a form of art, the same has happened to later games in the franchise and any other computer game displaying Nazi symbols, including those that portray Nazism in a negative light. These rulings were later loosened in August 2018 as a result of a ruling from April that same year. The web-based game Bundesfighter II Turbo was released prior to

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