Bushido remains on the index!

Does the album 'Sonny Black' by German rapper Bushido remain on the index of youth-endangering media? Bushido sued the Federal Review Board for this decision before the Administrative Court Cologne.

The Federal Review Board for Youth-Endangering Media decided in April 2015 to include the music album 'Sonny Black' by rapper Bushido in the list of youth-endangering media because the song lyrics were classified as racist, misogynistic and glorifying violence.

Bushido filed a lawsuit against the decision of the Federal Review Board. The rapper is of the view that his album is not youth-endangering. His fans are familiar with the characteristics of gangsta and battle rap and would not be endangered by the song lyrics. Moreover, 'Sonny Black' is a staging of a fictional character, which the Federal Review Board did not sufficiently appreciate. Furthermore, the authorities failed to take into account that Bushido's complete body of work has received extensive attention.

Court's Decision

The Administrative Court Cologne, by judgment of 02.09.2016, Az. 19 K 3287/15 (Press Release), dismissed Bushido's complaint against the indexing of his album 'Sonny Black'.

The Administrative Court confirmed the indexing decision of the Federal Review Board for Youth-Endangering Media. In its reasoning, the court stated that the contents of the CD are youth-endangering. The song lyrics could endanger unstable and susceptible adolescents in their upbringing and development. This is because violence is propagated as an appropriate means of conflict resolution and women and homosexual individuals are discriminated against. The youth-endangering effect exists even if one takes into account that it is the staging of a character role.

The court further established that the aspect of artistic freedom does not stand against the indexing of the music album. This is because the interests in youth protection are to be weighted higher than the artistic freedom of the creators. In this regard, it should also be noted that the indexing does not result in a complete prohibition of the work; rather, the indexing merely has the effect that it may not be made accessible to children and young people.

Conclusion

Sonny Black remains on the index of the Federal Review Board for Youth-Endangering Media. Bushido will cope with it. If in doubt, the gangsta rapper will even understand the indexing as a distinction. He could hardly have wished for better advertising for his album.