Discover the regulations and bans on video games in Germany due to criminal code violations. Learn about recent changes and the legal restrictions surrounding game distribution and content.

Germany has strict regulations regarding distributing and disseminating video games that violate certain sections of the country’s criminal code.

While private possession and playing these games are still legal, any distribution is prohibited.

The responsibility for breaking the law lies with the seller rather than the buyer.

However, a court ruling 2002 determined that a single-game sale does not qualify as dissemination.

The Federal Department for Media Harmful to Young Persons (BzKJ) maintains an index of games subject to trade restrictions, but being on this list does not equate to a ban.

Games violating Sections 86a, 130, and 131 of the German Criminal Code are subject to restrictions.

Section 86a prohibits using symbols associated with unconstitutional organizations, while Sections 130 and 131 prohibit the dissemination of racist propaganda and excessive violence, respectively.

Games containing swastikas, Adolf Hitler, or promoting racism are listed alongside other banned content.

The trade restrictions imposed by the BzKJ apply to the distribution, sale, public demonstrations, and making the games available to minors.

It is important to note that these games’ possession and personal use are legal for individuals over 18.

However, if a video game includes pornography with minors based on real or realistic events, possession or attempts to possess such material would be illegal under Sections 184b or 184c of the Criminal Code.

Distribution of such material is illegal, regardless of whether the events depicted are real or fictional.

List of Banned Games and Recent Changes

The official list of banned games is compiled and published by the BzKJ in their magazine, BzKJAKTUELL.

Several notable games have faced bans in Germany over the years, including:

Commandos: Behind Enemy Lines: Banned in 1999 for violating Section 86a (use of symbols of unconstitutional organizations). A censored version of the game was later released.
Condemned: Criminal Origins and Condemned 2: Bloodshot: Both were banned in 2008 for violating Section 131 (depictions of violence).
Dead Rising 2: Banned in 2011 for violating Section 131 (depictions of violence).
Hatred: Although not officially banned, seven walkthrough videos of the game were banned in 2016 for potential violation of Section 131.
Manhunt and Manhunt 2: Both games were banned in 2004 and 2010, respectively, for violating Section 131 (depictions of violence).
Mortal Kombat (2011): Banned in 2012 for violating Section 131 (depictions of violence).
Mortyr: Banned in 2001 for violating Section 86a (use of symbols of unconstitutional organizations). A censored version was eventually released.
Scarface: The World Is Yours: Banned in 2007 for violating Section 131 (depictions of violence). A censored version was later released.
Silent Hill: Homecoming: Banned in 2010 for violating Section 131 (depictions of violence). A censored version was released.
Soldier of Fortune: Payback: Banned in 2008 for violating Section 131 (depictions of violence). A censored version was released.
Wolfenstein: Banned in 2010 for violating Section 86a (use of symbols of unconstitutional organizations) and Section 131 (depictions of violence). A censored version was initially released but later withdrawn due to an oversight regarding a swastika. The ban on the use of unconstitutional symbols was lifted in June 2019, but the ban on depictions of violence remains in effect.

Since 2018, there have been instances where bans on certain games have been lifted:

Dead Rising: Initially banned in 2007 for violating Section 131 (depictions of violence). The ban was lifted in February 2018 but remained on the Media Harmful to Young People List.
Left 4 Dead 2: Originally banned in 2010 for violating Section 131 (depictions of violence). A censored version was released. The ban was lifted in May 2018 and removed from the List of Media Harmful to Young People in January 2021.
Mortal Kombat (1992): The Sega Mega Drive version was banned in 1994 for violating Section 131 (depictions of violence). However, a censored version of the Super Nintendo was allowed for distribution. The ban on the Sega Mega Drive version was lifted in October 2019 and removed from the List of Media Harmful to Young People in March 2020.
Mortal Kombat II: Originally banned in 1995 for violating Section 131 (depictions of violence). The ban was lifted in October 2019 and removed from the List of Media Harmful to Young People in March 2020.
Mortal Kombat 3: Initially banned in 1997 for violating Section 131 (depictions of violence). The ban was lifted in November 2019 and removed from the List of Media Harmful to Young People in August 2020.
Wolfenstein 3D: Initially banned in 1994 for violating Section 86a (use of symbols of unconstitutional organizations). The ban was lifted in August 2019 and removed from the List of Media Harmful to Young People in October 2019 due to its social adequacy.

These changes reflect the evolving landscape of game censorship and the considerations made regarding social relevance.

Overall, banning video games in Germany is based on strict legal frameworks aiming to prevent the dissemination of content promoting violence, racism, and the use of symbols associated with unconstitutional organizations.

While the possession and personal use of such games is still legal for adults, distribution and public availability are strictly prohibited.

The lifting of bans on certain games in recent years highlights the potential for changes and reevaluations based on societal perspectives and the evolving nature of video game content.

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