Protection of minors in Upper Austria: What is forbidden from Friday

“This is not chewing gum” is written on an advertising poster that shows a can of nicotine pouches. Another poster shows a neon yellow steamer with the note “This is not a fluorescent pen.” It is a so-called “E-Shisha”. The colorful, fruit-flavored disposable cigarettes particularly captivate young people – the OÖN have reported several times. The state is intervening in this trend with the amendment to the Youth Protection Act, said the responsible state councilor Michael Lindner (SP). With the head of the youth group for the state of Upper Austria, Christa Pacher, he presented the new campaign “Know what’s possible” on Monday and presented the changes to the law that will apply from Friday. What are young people allowed to do and what is forbidden?

7 questions and answers:

1. What changes? The banned substances now also include tobacco-free nicotine pouches, colloquially known as “snus”, as well as smokable CBD products, i.e. flowers and liquids. In general, smoking remains prohibited for young people under the age of 18. This includes not only classic “Tschick”, but also steamers such as shishas or e-cigarettes. So-called “vapes” with a luminous pen look are also included.
2. How long are young people allowed to leave? The fact remains: those under 14 must be home by 10 p.m., those aged 14 to 16 must be home by midnight if they are traveling without their parents or a guardian. In all other federal states, young people are allowed to go out for an hour longer, i.e. until 11 p.m. or 1 a.m. The black-blue coalition rejected Provincial Councilor Lindner’s request to align the Upper Austrian regulations with those of the other states. “I will continue to fight for the extension of going-out times,” Lindner announced in a press conference on Monday.
3. At what age is alcohol allowed? Consumption, purchase and possession is prohibited for young people up to the age of 16. They can toast their 16th birthday with beer and wine. Distilled alcohol – in addition to schnapps, this also includes cocktails, alcopops, mixed drinks and liqueurs. – is permitted from 18 years of age.
4. Which media content and websites are prohibited? Those classified as “harmful to minors” are not permitted to be used, owned, booked or purchased by minors. Particularly brutal, violent or discriminatory content or pornographic representations are considered “harmful to young people”.
5. Are young people allowed to go to nightclubs or a betting cafe? No, discos, like brothels, are generally prohibited; you are also not allowed to stay in discos and betting shops until you are of legal age. Letter cards and scratch cards may be sold to young people older than 16 years and the winnings may be paid out to them. As of July 2023, the Austrian Lotteries themselves raised the age limit for the sale of betting slip games and instant lotteries to 18 in their conditions of participation in order to support the protection of minors.
6. What happens if the Youth Protection Act is violated? If young people are caught with nicotine pouches, they can voluntarily take part in a counseling session. Failure to do so will result in an administrative penalty. In the event of serious violations of the law, social benefits, such as in the care sector, usually have to be provided. If this does not happen, a fine of up to 200 euros will be imposed; “repeat offenders” risk a 300 euro fine.
7. Which ID cards are considered proof of age? Any official photo ID such as passport, ID card or driving license and public transport ID. The “4youCard” is also permitted in Upper Austria and can be applied for free of charge. But young people can also prove their age digitally, for example with ID cards via the ID Austria platform or App4you.

Campaign with Michael Skopek

The Wels TikTok star Michael Skopek is also part of the country’s youth protection campaign. He has produced two videos that will be shown in local cinemas from 2024. In it, the influencer explains the new CBD and nicotine pouch regulations. All information can be found at www.wissenwasgeht.at.

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