[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 161 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 161
To amend the Communications Act of 1934 to require that violent video
programming is limited to broadcast after the hours when children are
reasonably likely to comprise a substantial portion of the audience,
unless it is specifically rated on the basis of its violent content so
that it is blockable by electronic means specifically on the basis of
that content.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 14, 2003
Mr. Hollings (for himself, Mr. Inouye, Mr. Dorgan, and Mrs. Hutchison)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to require that violent video
programming is limited to broadcast after the hours when children are
reasonably likely to comprise a substantial portion of the audience,
unless it is specifically rated on the basis of its violent content so
that it is blockable by electronic means specifically on the basis of
that content.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Protection from Violent
Programming Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Television influences children's perception of the
values and behavior that are common and acceptable in society.
(2) Broadcast television, cable television, and video
programming are--
(A) uniquely pervasive presences in the lives of
all American children; and
(B) readily accessible to all American children.
(3) Violent video programming influences children, as does
indecent programming.
(4) There is empirical evidence that children exposed to
violent video programming at a young age have a higher tendency
to engage in violent and aggressive behavior later in life than
those children not so exposed.
(5) There is empirical evidence that children exposed to
violent video programming have a greater tendency to assume
that acts of violence are acceptable behavior and therefore to
imitate such behavior.
(6) There is empirical evidence that children exposed to
violent video programming have an increased fear of becoming a
victim of violence, resulting in increased self-protective
behaviors and increased mistrust of others.
(7) There is a compelling governmental interest in limiting
the negative influences of violent video programming on
children.
(8) There is a compelling governmental interest in
channeling programming with violent content to periods of the
day when children are not likely to comprise a substantial
portion of the television audience.
(9) A significant amount of violent programming that is
readily accessible to minors remains unrated specifically for
violence and therefore cannot be blocked solely on the basis of
its violent content.
(10) Age-based ratings that do not include content rating
for violence do not allow parents to block programming based
solely on violent content thereby rendering ineffective any
technology-based blocking mechanism designed to limit violent
video programming.
(11) The most recent study of the television ratings system
by the Kaiser Family Foundation concludes that 79 percent of
violent programming is not specifically rated for violence.
(12) Technology-based solutions, such as the V-chip, may be
helpful in protecting some children, but cannot achieve the
compelling governmental interest in protecting all children
from violent programming when parents are only able to block
programming that has, in fact, been rated for violence.
(13) Restricting the hours when violent programming can be
shown protects the interests of children whose parents are
unavailable, unable to supervise their children's viewing
behavior, do not have the benefit of technology-based
solutions, are unable to afford the costs of technology-based
solutions, or are unable to determine the content of those
shows that are only subject to age-based ratings.
(14) After further study, pursuant to a rulemaking, the
Federal Communications Commission may conclude that content-
based ratings and blocking technology do not effectively
protect children from the harm of violent video programming.
(15) If the Federal Communications Commission reaches the
conclusion described in paragraph (14), the channeling of
violent video programming will be the least restrictive means
of limiting the exposure of children to the harmful influences
of violent video programming.
SEC. 3. ASSESSMENT OF EFFECTIVENESS OF CURRENT RATING SYSTEM FOR
VIOLENCE AND EFFECTIVENESS OF V-CHIP IN BLOCKING VIOLENT
PROGRAMMING.
(a) Report.--The Federal Communications Commission shall--
(1) assess the effectiveness of measures to require
television broadcasters and multichannel video programming
distributors (as defined in section 602(13) of the
Communications Act of 1934 (47 U.S.C. 522(13)) to rate and
encode programming that could be blocked by parents using the
V-chip undertaken under section 715 of the Communications Act
of 1934 (47 U.S.C. 715) and under subsections (w) and (x) of
section 303 of that Act (47 U.S.C. 303(w) and (x)) in
accomplishing the purposes for which they were enacted; and
(2) report its findings to the Committee on Commerce,
Science, and Transportation of the United States Senate and the
Committee on Commerce of the United States House of
Representatives, within 12 months after the date of enactment
of this Act, and annually thereafter.
(b) Action.--If the Commission finds at any time, as a result of
its ongoing assessment under subsection (a), that the measures referred
to in subsection (a)(1) are insufficiently effective, then the
Commission shall complete a rulemaking within 270 days after the date
on which the Commission makes that finding to prohibit the distribution
of violent video programming during the hours when children are
reasonably likely to comprise a substantial portion of the audience.
(c) Definitions.--Any term used in this section that is defined in
section 715 of the Communications Act of 1934 (47 U.S.C. 715), or in
regulations under that section, has the same meaning as when used in
that section or in those regulations.
SEC. 4. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING THAT IS NOT
SPECIFICALLY RATED FOR VIOLENCE AND THEREFORE IS NOT
BLOCKABLE.
Title VII of the Communications Act of 1934 (47 U.S.C. 701 et seq.)
is amended by adding at the end the following:
``SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING NOT
SPECIFICALLY BLOCKABLE BY ELECTRONIC MEANS.
``(a) Unlawful Distribution.--It shall be unlawful for any person
to distribute to the public any violent video programming not blockable
by electronic means specifically on the basis of its violent content
during hours when children are reasonably likely to comprise a
substantial portion of the audience.
``(b) Rulemaking Proceeding.--The Commission shall conduct a
rulemaking proceeding to implement the provisions of this section and
shall promulgate final regulations pursuant to that proceeding not
later than 9 months after the date of enactment of the Children's
Protection from Violent Programming Act. As part of that proceeding,
the Commission--
``(1) may exempt from the prohibition under subsection (a)
programming (including news programs and sporting events) whose
distribution does not conflict with the objective of protecting
children from the negative influences of violent video
programming, as that objective is reflected in the findings in
section 551(a) of the Telecommunications Act of 1996;
``(2) shall exempt premium and pay-per-view cable
programming and premium and pay-per-view direct-to-home
satellite programming; and
``(3) shall define the term `hours when children are
reasonably likely to comprise a substantial portion of the
audience' and the term `violent video programming'.
``(c) Enforcement.--
``(1) Forfeiture penalty.--The Commission shall impose a
forfeiture penalty of not more than $25,000 on any person who
violates this section or any regulation promulgated under it
for each such violation. For purposes of this paragraph, each
day on which such a violation occurs is a separate violation.
``(2) License revocation.--If a person repeatedly violates
this section or any regulation promulgated under this section,
the Commission shall, after notice and opportunity for hearing,
revoke any license issued to that person under this Act.
``(3) License renewals.--The Commission shall consider,
among the elements in its review of an application for renewal
of a license under this Act, whether the licensee has complied
with this section and the regulations promulgated under this
section.
``(d) Definitions.--For purposes of this section--
``(1) Blockable by electronic means.--The term `blockable
by electronic means' means blockable by the feature described
in section 303(x).
``(2) Distribute.--The term `distribute' means to send,
transmit, retransmit, telecast, broadcast, or cablecast,
including by wire, microwave, or satellite, but it does not
include the transmission, retransmission, or receipt of any
voice, data, graphics, or video telecommunications accessed
through an interactive computer service as defined in section
230(f)(2) of the Communications Act of 1934 (47 U.S.C.
230(f)(2)), which is not originated or transmitted in the
ordinary course of business by a television broadcast station
or multichannel video programming distributor as defined in
section 602(13) of that Act (47 U.S.C. 522(13)).
``(3) Violent video programming.--The term `violent video
programming' as defined by the Commission may include matter
that is excessive or gratuitous violence within the meaning of
the 1992 Broadcast Standards for the Depiction of Violence in
Television Programs, December 1992.''.
SEC. 5. FTC STUDY OF MARKETING STRATEGY IMPROVEMENTS.
The Federal Trade Commission shall study the marketing of violent
content by the motion picture, music recording, and computer and video
game industries to children, including the marketing practices
improvements described by industry representatives at the hearing held
by the Senate Committee on Commerce, Science, and Transportation on
September 13, 2000. The Commission shall assess the extent to which
these marketing practices have improved under the model of self-
regulation as recommended by the Commission in its September, 2000,
report, Making Violent Entertainment to Children: A Review of Self
Regulation and Industry Practices in the Motion Picture, Music
Recording and Electronic Game Industries. The Commission shall report
the results of the study, including findings, and recommendations, if
any, to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Commerce within 18 months
after the date of enactment of this Act.
SEC. 6. SEPARABILITY.
If any provision of this Act, or any provision of an amendment made
by this Act, or the application thereof to particular persons or
circumstances, is found to be unconstitutional, the remainder of this
Act or that amendment, or the application thereof to other persons or
circumstances shall not be affected.
SEC. 7. EFFECTIVE DATE.
The prohibition contained in section 715 of the Communications Act
of 1934 (as added by section 2 of this Act) and the regulations
promulgated thereunder shall take effect 1 year after the regulations
are adopted by the Commission.
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