Hustler Europe Raises Constitutional Complaint in Germany

KARLSRUHE, Germany — Hustler Europe has filed a constitutional complaint against a newly enacted section of German law that criminalizes sales and distribution of content depicting “adult actors who show a youthful appearance.”

The new law, section 184c of the German criminal code, went in effect Nov. 5. It immediately affects the “Barely Legal” series produced by Larry Flynt Publications’ company in Europe.

In the complaint filed with the Federal Constitutional Court, Hustler Europe alleges the law violates constitutionally protected rights to freedoms of opinion, occupation and property. It is asking the court to suspend the provision until it reaches a final decision.

“The Federal Constitutional Court will have to check whether §184c Criminal Code violates the constitutionally guaranteed freedom rights,” Marko Dörre, Hustler Europe’s attorney, said. “We demand clear regulations for more legal certainty.”

Hustler Europe Managing Director Helen Clyne told XBIZ it was ultimately about more than the affect on Barely Legal, a popular series both in the U.S. and in Europe.

“We did not file this complaint specifically regarding ‘Barely Legal' — we filed it out of principle,” Clyne said.

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