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Sorry but completely wrong. Fictional child pornography or "lolicon" is not illegal in Germany.
Possession is 100% legal, the only thing that is not allowed is promotion/selling.
The law states as long as the content is "clearly fictional and shows no similarity to real world persons or events" its not illegal.
And yes " all these characters are 18+" does indeed count.
I can list you 50 games with pornographic content on the Steam Store that are being sold in Germany right now that have younger looking characters.
Also does not explain the banning of " House Party" because that game has cleary only college age characters in a western style, "VR Kanojo" , that game has no sex, nudity or lewd stuff at all in the Steam version, its just interacting and playing mini games with your Virtual girlfriend.
Its about as raunchy as watching midday tv in Germany.
"Super Naughty Maid 2" the last game that got "banned" at the request of the German institution is even more laughable.
Yes its a porn game but the girl in it is clearly of age, there is not allusion to underage content at all and even better, part 1 of the game WHICH HAS THE SAME GIRL is still being sold.
So yes, this is complete arbitrary and ♥♥♥♥♥♥♥♥.
https://www.gesetze-im-internet.de/stgb/__184b.html
1.1.2. clearly states that possession of "reality like" material is considered child pornography.
Reality like in this case includes 18 year olds that look like 14 year olds.. as well as graphic depictions.
In the very best case your Lawyer will be able to argue that a certain depiction is not "reality like", which is entirely up to your judge.
And if you google law advise websites regarding to that question you will see them contradicting each other as to the legality of "Mangas" as child pornography, which only goes to show that its highly up to interpretation.
Its not even a legal grey area like written texts can be... pictures, the more realistic they depict the thing the more likely they are going to fall under STGB 184b.
The law text disagrees with you and the BKA also has no mention of such an exception.
https://www.bka.de/DE/Service/FAQs/Kinderpornografie/kinderpornografie_node.html
Ill need an official source for that one? And not just some 3rd party website of some random lawyer. The law text and the BKA disagrees with that statement, so you will need to give me a court ruling at the very least.
No they do not. The law is quite unambiguous about the 18 year old porn actors posing as underaged girls and those pictures being considered child pornography. The law makes this clear with the inclusion of "reality like" "close to reality" however you want to translate that. The more accurate the depiction the more likely its child pornography and the interpretation is entirely up to a judge if your favorite Manga is considered close enough to depict the real thing or not.
In the most literal reading possible drawn children, no matter if they are said to be older, are considered to be close enough to fulfill the requirement of being child pornography.
There is a grey area due to the fact that it could be considered writing, but that again is up to your lawyer to argue in court in your specific case. That doesn't mean you won't go to court for looking at these pictures and have the police investigate you for child pornography.
A listing on Steam is not a legal sanction. Valve is notorious for not doing quality control. Which, only just recently got them into hot water because of Neonazi propaganda on their store.
Just because nobody brought this material to the attention of the german law enforcement, doesn't mean that it is okay to be sold in germany. And its quite possible that those 50 games will disappear from Steams german storefront eventually.
Also has far i searched the region lock could be for simple pornograhy or because of forbidden symbols (If some clothing or decorations have forbidden symbols on them.) so don't throw the CP around if you not have an official document that explicitly states that this game contains the named think.
It’s unfortunate that there are certain personality types who are not content with their own freedom of choice. You would think (given the historical price that was paid to bring them this freedom) they would be happy that they have the ability to choose for themselves what to: think/watch/eat/masturbate to/or whatever – but instead they are upset.
They are upset because other people, (who they don’t even know and will never meet) have the same freedom. The thought that other human beings could be out there choosing for themselves how to live a life is very intolerable to these personality types, so they bring in the government to force their subjective ideals onto strangers.
Thx a lot for the answer. Helped me to find “Postident”. Seems like its original intend is fighting money laundry, but yeah it could be used for age identification too. Not familiar with the privacy laws/requirement in Germany though regarding the identification process.
Would you be able to source/cite the ban reason from an official Valve or German government entity? There was a twitter post on the Patreon ban for lwed mod content by the mentioned reason, but it was not referring to the base game and didn’t mention national law. It was the closest I found on Koikatsu and a ban (...I was able to read. Language barriers.)
Gave it a try the other way around and looked for the German Game Ban list. Apparently the “Federal Department for Media Harmful to Young Persons” is responsible for this task. https://www.bundespruefstelle.de/bpjm/meta/en. Unfortunately I couldn’t find a list there, so I had to fall back to the semi-reliable wiki. https://en.wikipedia.org/wiki/List_of_banned_video_games & https://de.wikipedia.org/wiki/Kategorie:Beschlagnahmtes_Computerspiel. Koikatsu isn’t listed, but from there I found direction to §184b or §184c StGB. Also I stumbled across articles like https://de.wikipedia.org/wiki/Scheinminderj%C3%A4hrigkeit and others, which seem to indicate that there is some arguments going back and forward as any law text leaves room for interpretation. For the moment it looks rather like a “save my ass, just in case” move from Valve, as they could be held accountable for distribution according to German law. I guess? If you have a source, that would be great.
Thx again for the pointer to Postident. Learned something. The more you know.
EDIT: Oh wow. While I was writing this, there was tons of additional post. Let me read through that. My question might be obsolete by now.
According to Steam Support it is indeed because of the missing age verification system on Steam and they have been ordered by the German government to remove access to these titles/DLC.
And apparently a lot more will follow soon.
So like i already wrote on the first page, has nothing to do with the perceived age of virtual characters and only because Steam has no accepted ( by the German authorities) age verification system.
Either you can´t read german that well or you don´t know how to read legal text at all
the stated §184b Abs 1.1.b (not 1.1.2) only takes into account the description of children in unnatural sexual positions second it never states anything about childlike descriptions so yeah thats out.
As for the link to the Bundeskriminalamt.
Nowhere does the text take context to products of Fantasy e.g. drawn persons but only defines what age range is considers child or youth pornography as in descripting real persons in sexual exploitment.
An 18+ Person looking like a 12year old could do all the porn he or she ever wants even acting like 12 because forbididng that would harshly colide with various Articles of the Grundgesetzt espacily Art.1
The reason why koikatsu and other 18+ Titles are forbidden is simply that steam does not have a age verification process that is safe though that actualy could also mean that any title not rated "Ohne Altereinschränkung" is technically not allowed to be sold without verrifing the buyers age
On that note your normal I.D./Personalausweiss ist able to be activated for e-services sadly valve does not use that (and why we wont get any chips into our hands)
On the overall ruling on porn in germany we are acutally extremly okay with the topic of sex and have one of the most lax laws in that regard and more problems with blood and gore
Also getting an FSK rating is kinda mandatory in Germany and selling a Videogame/Movie commercialy without it can get you into some legal hotwater
Something someone posted before thats also wrong is about the whole open sale policy.
As a matter of fact Media in almost every case are free from Zensur (obiously child pornography or Volksverhetzendes Material are so much forbidden)
Everything else is open to be bought. BUT.
Only Media with an FSK rating is allowed to be sold public even 18+ Titles
Media that doesn´t get that rating and get on the so called Index is not allowed to be sold openly or be advetised for but it is still allowed to be sold if the buyer asks for it problem here is that most shops won´t have any inventory of an article they can´t openly sale
So sex with your real 16 year old girlfriend = legal, but sex with your fictional 16 year old girlfriend = illegal. (And there's no rape or anything in this game, either. So...)
IMO Sweden also has pretty funny laws in this regard. Meaning that fictional pornography is okay as long as the character has gone through puberty (age ~14/15 upwards). But this holds true only for as long as the character represents a "realistic depiction" of a human. So depicting a human under the age of 14/15 would be illegal, but depicting a catgirl wouldn't. Nor would it be illegal to depict the child of an alien species. Which, for all intents and purposes, anime girls with their big eyes and skulls are anyway. (I find it funny, because it considers humans to be of higher value than potential aliens. So a human child being abused would be wrong. But abusing an alien child would be okay. Which is strangely xenophobic for an allegedly open country like Sweden.)
Anyway, I would consider it extremely odd to actually convict anyone for possessing this game, when looking at age of consent laws and everything in general. Since these aren't real girls and nobody is being exploited. Psychologically or otherwise.
Though that said, I myself consider using your imagination and a pillow to be infinitely superior anyway. If you choose to pursue lewd thoughts. This game has more of a novelty or "meme" factor than anything. And I don't think anybody has had the police come knocking at their door for having lewd thoughts about anime girls... until now at least.
(And in case you aren't doing your virtual girlfriend, but use this game for the pursuit of lowly fornication with strangers, let me suggest to repent and seek out your closest *placeofworship*. It's never too late to leave sin behind and be welcomed by the mercy of *godofyourchoice*.)
thats just how i got GTA V which was banned in my country