[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 876 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 876

 To amend the Communications Act of 1934 to require that the broadcast 
of violent video programming be limited to hours when children are not 
  reasonably likely to comprise a substantial portion of the audience.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 1999

 Mr. Hollings 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 the broadcast 
of violent video programming be limited to hours when children are not 
  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 be cited as the ``Children's Protection from Violent 
Programming Act''.

SEC. 2. FINDINGS.

    The Congress make the following findings:
            (1) Television influences the perception children have of 
        the values and behavior that are common and acceptable in 
        society.
            (2) Broadcast television, cable television, and video 
        programming are--
                    (A) 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) 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) Because some programming that is readily accessible to 
        minors remains unrated and therefore cannot be blocked solely 
        on the basis of its violent content, restricting the hours when 
        violent video programming is shown is the least restrictive and 
        most narrowly tailored means to achieve a compelling 
        governmental interest.
            (10) Warning labels about the violent content of video 
        programming will not in themselves prevent children from 
        watching violent video programming.
            (11) Although many programs are now subject to both age-
        based and content-based ratings, some broadcast and non-premium 
        cable programs remain unrated with respect to the content of 
their 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 that has in fact been rated for violence.
            (13) Technology-based solutions will not be installed in 
        all newly manufactured televisions until January 1, 2000.
            (14) Even though technology-based solutions will be readily 
        available, many consumers of video programming will not 
        actually own such technology for several years and therefore 
        will be unable to take advantage of content based ratings to 
        prevent their children from watching violent programming.
            (15) In light of the fact that some programming remains 
        unrated for content, and given that many consumers will not 
        have blocking technology in the near future, the channeling of 
        violent programming is the least restrictive means to limit the 
        exposure of children to the harmful influences of violent 
        programming.
            (16) Restricting the hours when violent programming can be 
        shown protects the interests of children whose parents are 
        unavailable, and 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 
        solution, or are unable to determine the content of those shows 
        that are only subject to age-based ratings.

SEC. 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. 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 during hours 
when children are reasonable 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, 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) Distribute Defined.--In this section, the term `distribute' 
means to send, transmit, retransmit, telecast, broadcast, or cablecast, 
including by wire, microwave, or satellite.''.

SEC. 4. 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. 5. EFFECTIVE DATE.

    The prohibition contained in section 715 of the Communications Act 
of 1934 (as added by section 3 of this Act) and the regulations 
promulgated thereunder shall take effect 1 year after the regulations 
are adopted by the Commission.
                                 <all>