Calendar No. 229

104TH CONGRESS

1ST SESSION S. 470

[Report No. 104–171]

A BILL

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

NOVEMBER 9, 1995

Reported without amendment
II

Calendar No. 229

104TH CONGRESS

1ST SESSION S. 470

[Report No. 104–171]

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, Mr. INOUYE, and Mr. THURMOND) introduced the

following bill; which was read twice and referred to the Committee on

Commerce, Science, and Transportation

NOVEMBER 9, 1995

Reported by Mr. PRESSLER, without amendment

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Children’s Protection

3 from Violent Programming Act of 1995’’.

4 SEC. 2. FINDINGS.

5 The Congress makes the following findings:

6 (1) Television influences children’s perception

7 of the values and behavior that are common and ac8 ceptable in society.

9 (2) Television station operators, cable television

10 system operators, and video programmers should fol11 low practices in connection with video programming

12 that take into consideration that television broadcast

13 and cable programming—

14 (A) has established a uniquely pervasive

15 presence in the lives of all Americans; and

16 (B) is readily accessible to children.

17 (3) Violent video programming influences chil18 dren, as does indecent programming.

19 (4) There is empirical evidence that children ex20 posed to violent video programming at a young age

21 have a higher tendency for violent and aggressive be22 havior later in life than those children not so ex23 posed. Children exposed to violent video program24 ming are prone to assume that acts of violence are

25 acceptable behavior and therefore to imitate such be26 havior.
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1 (5) There is a compelling governmental interest

2 in limiting the negative influences of violent video

3 programming on children.

4 (6) There is a compelling governmental interest

5 in channeling programming with violent content to

6 periods of the day when children are not likely to

7 comprise a substantial portion of the television audi8 ence.

9 (7) Restricting the hours when violent video

10 programming is shown is the least restrictive and

11 most narrowly tailored means to achieve that com12 pelling governmental interest.

13 (8) Warning labels about the violent content of

14 video programming will not in themselves prevent

15 children from watching violent video programming.

16 SEC. 3. UNLAWFUL DISTRIBUTION OF VIOLENT PROGRAM17 MING.

18 Title VII of the Communications Act of 1934 (47

19 U.S.C. 601 et seq.) is amended by adding at the end the

20 following new section:

21 ‘‘SEC. 714. UNLAWFUL DISTRIBUTION OF VIOLENT PRO22 GRAMMING.

23 ‘‘(a) UNLAWFUL DISTRIBUTION.—It shall be unlaw24 ful for any person to—
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1 ‘‘(1) distribute to the public any violent video

2 programming during hours when children are rea3 sonably likely to comprise a substantial portion of

4 the audience; or

5 ‘‘(2) knowingly produce or provide material for

6 such distribution.

7 ‘‘(b) RULEMAKING PROCEEDING.—The Commission

8 shall conduct a rulemaking proceeding to implement the

9 provisions of this section and shall promulgate final regu10 lations pursuant to that proceeding not later than 9

11 months after the date of enactment of the Children’s Pro12 tection from Violent Programming Act of 1995. As part

13 of that proceeding, the Commission—

14 ‘‘(1) may exempt from the prohibition under

15 subsection (a) programming (including news pro16 grams, documentaries, educational programs, and

17 sporting events) whose distribution does not conflict

18 with the objective of protecting children from the

19 negative influences of violent video programming, as

20 that objective is reflected in the findings in section

21 2 of the Children’s Protection from Violent Pro22 gramming Act of 1995;

23 ‘‘(2) shall exempt premium and pay-per-view

24 cable programming; and
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1 ‘‘(3) shall define the term ‘hours when children

2 are reasonably likely to comprise a substantial por3 tion of the audience’ and the term ‘violent video pro4 gramming’.

5 ‘‘(c) REPEAT VIOLATIONS.—If a person repeatedly

6 violates this section or any regulation promulgated under

7 this section, the Commission shall, after notice and oppor8 tunity for hearing, immediately repeal any license issued

9 to that person under this Act.

10 ‘‘(d) CONSIDERATION OF VIOLATIONS IN LICENSE

11 RENEWALS.—The Commission shall consider, among the

12 elements in its review of an application for renewal of a

13 license under this Act, whether the licensee has complied

14 with this section and the regulations promulgated under

15 this section.

16 ‘‘(e) DEFINITION.—As used in this section, the term

17 ‘distribute’ means to send, transmit, retransmit, telecast,

18 broadcast, or cablecast, including by wire, microwave, or

19 satellite.’’.

20 SEC. 4. EFFECTIVE DATE.

21 The prohibition contained in section 714 of the Com22 munications Act of 1934 (as added by section 3 of this

23 Act) and the regulations promulgated thereunder shall be

24 effective on the date that is 1 year after the date of enact25 ment of this Act.