[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 470 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 470

To amend the Communications Act of 1934 to prohibit the distribution to 
the public of violent video programming during hours when children are 
  reasonably likely to comprise a substantial portion of the audience.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 23 (legislative day, February 22), 1995

  Mr. Hollings (for himself and Mr. Inouye) 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 prohibit the distribution to 
the public of violent video programming during hours when children are 
  reasonably likely to comprise a substantial portion of the audience.

    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 of 1995''.

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) Television station operators, cable television system 
        operators, and video programmers should follow practices in 
        connection with video programming that take into consideration 
        that television broadcast and cable programming--
                    (A) has established a uniquely pervasive presence 
                in the lives of all Americans; and
                    (B) is readily accessible to 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 
        for violent and aggressive behavior later in life than those 
        children not so exposed. Children exposed to violent video 
        programming are prone to assume that acts of violence are 
        acceptable behavior and therefore to imitate such behavior.
            (5) There is a compelling governmental interest in limiting 
        the negative influences of violent video programming on 
        children.
            (6) 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.
            (7) Restricting the hours when violent video programming is 
        shown is the least restrictive and most narrowly tailored means 
        to achieve that compelling governmental interest.
            (8) Warning labels about the violent content of video 
        programming will not in themselves prevent children from 
        watching violent video programming.

SEC. 3. UNLAWFUL DISTRIBUTION OF VIOLENT PROGRAMMING.

    Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) 
is amended by adding at the end the following new section:

``SEC. 714. UNLAWFUL DISTRIBUTION OF VIOLENT PROGRAMMING.

    ``(a) Unlawful Distribution.--It shall be unlawful for any person 
to--
            ``(1) distribute to the public any violent video 
        programming during hours when children are reasonably likely to 
        comprise a substantial portion of the audience; or
            ``(2) knowingly produce or provide material for such 
        distribution.
    ``(b) Rulemaking Proceeding.--The Commission shall conduct a 
rulemaking proceeding to implement the provisions of this section and 
shall promulgate final regulations pursuant to the proceeding not later 
than 9 months after the date of enactment of the Children's Protection 
from Violent Programming Act of 1995. As part of that proceeding, the 
Commission--
            ``(1) may exempt from the prohibition under subsection (a) 
        programming (including news programs, documentaries, 
        educational 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 2 of the 
        Children's Protection from Violent Programming Act of 1995;
            ``(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 
repeal 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) Definition.--As used in this section, the term `distribute' 
means to send, transmit, retransmit, telecast, broadcast, or cablecast, 
including by wire, microwave, or satellite.''.

SEC. 4. EFFECTIVE DATE.

    The prohibition contained in section 714 of the Communications Act 
of 1934 (as added by section 3 of this Act) and the regulations 
promulgated thereunder shall be effective on the date that is 1 year 
after the date of enactment of this Act.
                                 <all>