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Calendar No. 182
105th CONGRESS
1st Session
S. 363
[Report No. 105-89]
_______________________________________________________________________
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.
_______________________________________________________________________
September 25, 1997
Reported with amendments
Calendar No. 182
105th CONGRESS
1st Session
S. 363
[Report No. 105-89]
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
February 26, 1997
Mr. Hollings (for himself, Mr. Inouye, Mr. Dorgan, Mr. Ford, and Mr.
Byrd) introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportation
September 25, 1997
Reported by Mr. McCain, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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) are 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) Children exposed to violent video programming are prone
to assume that acts of violence are acceptable behavior and
therefore to imitate such behavior.
(6) 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) Age-based ratings systems 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.
(10) If programming is not rated specifically for violent
content and therefore cannot be blocked solely on the basis of
its violent content, then restricting the hours when violent
video programming is shown is the least restrictive and most
narrowly tailored means to achieve a compelling governmental
interest.
(11) Studies show that warning labels based on age
restrictions tend to encourage children's desire to watch
restricted programming.
(12) Technology-based solutions may be helpful in
protecting some children, but may not be effective in achieving
the compelling governmental interest in protecting all children
from violent programming when parents are only able to block
programming based on the age of the child and not on the
violent content of the programming.
(13) Absent the ability to block programming based
specifically on the violent content of the programming, the
channeling of violent programming is the least restrictive
means to limit unsupervised children from the harmful
influences of violent programming.
(14) 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, or unable to afford the costs of technology-based
solutions.
SEC. <DELETED>2. </DELETED>3. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO
PROGRAMMING.
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. 718. 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
``(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) Repeat Violations.--If a person repeatedly violates this
section or any regulation promulgated under this section, the
Commission shall, after notice and opportunity for hearing, immediately
revoke any license issued to that person under this Act.
``(d) Consideration of Violations in 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.
``(e) 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.''.
SEC. <DELETED>3. </DELETED>4. ASSESSMENT OF EFFECTIVENESS.
(a) Report.--The Federal Communications Commission shall--
(1) assess the effectiveness of measures undertaken under
section 718 of the Communications Act of 1934 (47 U.S.C. 718)
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 18 months after the date on which the regulations promulgated
under section 718 of the Communications Act of 1934 (as added by
section 2 of this Act) take effect, and thereafter as part of the
biennial review of regulations required by section 11 of that Act (47
U.S.C. 161).
(b) Action.--If the Commission finds at any time, as a result of
its assessment under subsection (a), that the measures referred to in
subsection (a)(1) are insufficiently effective, then the Commission
shall initiate a rulemaking proceeding 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 718 of the Communications Act of 1934 (47 U.S.C. 718), or in
regulations under that section, has the same meaning as when used in
that section or in those regulations.
SEC. <DELETED>4. </DELETED>5. 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. <DELETED>5. </DELETED>6. EFFECTIVE DATE.
The prohibition contained in section 718 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. D23/
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