real.geizterfahr: It gets even weirder with Nazi symbols.
You can't show them in Germany.
But there are exceptions.
You can use them to show that you are against Nazi ideology.
Or to educate about what the Nazis did.
You can use them in art.
Indiana Jones movies (for example) show all the forbidden symbols.
So... It could be allowed to show the same symbols in a video game too.
Exceptions are:
- art,
- science,
- research,
- teaching,
- reporting on current or historic events.
Not really confusing.
real.geizterfahr: But if someone thinks what you did was not okay and brings your case to a court, you could end up in trouble.
Somewhat true - in that you may have to go to court - but German courts have a pretty good understanding, of what falls under artistic freedom and freely allowed fredom of expression/speech.
So - a court date will most probably end with your victory.
real.geizterfahr: But publishers aren't exactly willing to try their luck and just change them (or don't release the game in Germany at all). If someone would have the balls to release a game without censoring it, it could very well be that he'll get away with it.
Games are first and foremost meant to be entertaining and fun.
Which makes them a special case, insofar, as they connect Nazis, and their ideology, directly with actively exercised fun activities.
However: since 2018, they are allowed to be shown in games - under certain circumstances:
Quote:
"
New rule of the control authority: Nazi symbols allowed in video games In future, Nazi symbols such as swastikas may be shown in computer and video games in Germany - but only under certain conditions. On Thursday, the German Entertainment Software Self-Regulation Body (USK) announced a change in its practice regarding the age rating of games in which symbols of unconstitutional organisations are used.
In future, the USK will be able to take the so-called social adequacy clause from the German Criminal Code into account when assessing games.
Article 86a of the Criminal Code generally makes the use of symbols of unconstitutional organisations a criminal offence.
However, there are exceptions, for example if the use serves ‘art or science, research or teaching, reporting on current events or history’.
This social adequacy clause is already applied to films, but not to computer and video games. In video games such as ‘Call of Duty’ or ‘Wolfenstein II’, in which Nazis play an important role, Nazi symbols were therefore changed for the German market - for example, the swastika was changed to a triangle.
Equal rights for games: The USK, the organisation of the computer games industry responsible for testing games, will now also examine whether the use of such symbols is socially appropriate.
This is possible due to a ‘change in the legal opinion of the responsible supreme state youth authority’.
‘
The change in the legal interpretation means that games that critically examine contemporary events can be labelled with a USK age rating for the first time,’ explained USK Managing Director Elisabeth Secker.
‘
This has long been the case for films and, with regard to artistic freedom, is now also rightly the case for computer and video games.’
At the same time, the USK reiterated that the fundamental ban on the use of symbols of unconstitutional organisations has not changed.
‘Therefore, a decision on an age rating always requires a case-by-case assessment and does not represent a general exception.’