A. Congress Continues To Target Violence in Entertainment Industry

     Congress continued to take aim at violence in the entertainment industry in 2001.  While the Federal Trade Commission released its follow-up report on the marketing of violent entertainment to children in April (see Chapter B, Section III), Congress took its own initiative throughout the year with several measures aimed at entertainment producers and distributors.

     Although Congress failed to pass any legislation in this regard during 2001, lawmakers addressed the media violence issue in a variety of ways. Among the bills introduced were:

     S. 124, Children’s Protection Act of 2001, introduced Jan. 22 by Sens. Sam Brownback (R-Kan.) and Trent Lott (R-Miss.). This bill would exempt voluntary guidelines governing television, movies, video games, Internet content, and music lyrics from the reach of antitrust laws. (See Chapter H, Section II.)

     S. 341, The Children’s Protection From Violent Programming Act, introduced Feb. 15 by Sen. Ernest F. Hollings (D-S.C.).  This measure would make the V-chip ratings system mandatory and would require that programs be specifically rated for “violent” content.  The House companion bill is H.R. 1005.  (See Chapter H, Section II.)

     S. 792, Media Marketing Accountability Act, introduced April 26 by Sen. Joseph I. Lieberman (D-Conn.). This bill would make the advertising or marketing of adult entertainment products to children “a deceptive act or practice.” The measure would establish a safe harbor for those in the entertainment industry who adhered to a voluntary age-based ratings or labeling system for their products.  The House companion bill is H.R. 2246.  (See Chapter B, Section III.)

     In addition to the above measures, discussed at length elsewhere in this book, Congress considered three other bills.  One would direct the entertainment industry to develop a labeling system for violent media (similar to S. 792), and two would establish commissions to study the relationships among media, youth, and violence. 

     On May 17, 2001, Rep. Zach Wamp (R-Tenn.) introduced H.R. 1916, the 21st Century Media Responsibility Act.  This measure would amend the Federal Cigarette Labeling and Advertising Act by adding a new section dealing with the labeling of violent media.  The bill’s stated purpose is “to provide for the establishment, use and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products.”

     Similar to proposals in the past, the measure would allow manufacturers and producers of video games, movies, and music to submit to the FTC a “joint proposal” outlining a system for labeling “violent content” in their products.  The labeling system would “assess the totality of all depictions of violence in the product or service.”  The label would have to be displayed in a “conspicuous manner.”  If media manufacturers failed to create a voluntary labeling system, the FTC would be empowered to set forth its own regulations.

     The measure would impose civil penalties on manufacturers who refused to comply with the new labeling system. Violators would be fined up to $10,000 for each violation.  The bill appeared unlikely to make it out of committee.

     On Feb. 14, 2001, Rep. Alcee L. Hastings (D-Fla.) introduced H.R. 655, the Commission To Study the Culture of Violence in America Act.  This measure would empower a commission to “examine the glorification of violence in the United States” and “examine the role of the media in the violent atmosphere prevalent today.” 

     On June 18, 2001, Reps. Marcy Kaptur (D-Ohio) and Duncan Hunter (R-Calif.) introduced H.R. 2210, the America’s Youth Commission Act.  This bill would establish a commission to study “the influence of organizations, other cultural elements, and individuals contributing to the incitement or encouragement of violent behavior.”  Both of these “study” measures -- like all of the violence-related legislation introduced in 2001 -- continued to languish at year end.

-- David L. Hudson, Jr.