Entscheidungen unter Ungewissheit im Jugendmedienschutz

Legal decision makers often encounter gaps in knowledge, yet still have to make a decision despite their uncertainty. Legislators can delegate this uncertainty to decision makers under them, which can lead to regulatory advantages if, for example, more informed decision makers can adapt more flexibly to changing conditions, scientific or technical findings, or social developments. At all decision-making levels, however, the question arises as to how far the form of uncertainty, the strategies used in its legal processing and constitutional guidelines have to be taken into account when it comes to filling in gaps in legal decision-making. This study adopts a perspective focused on the uncertainty in decisions made within the context of protecting of minors against harmful media and examines the specific forms of gaps in knowledge in this area and their interwoven margins of appreciation.