I
106TH CONGRESS
1ST SESSION
H. R. 2248
To provide for the establishment, use, and enforcement of a consistent and
comprehensive system for labeling violent content in audio and visual
media products.
IN THE HOUSE OF REPRESENTATIVES
JUNE 16, 1999
Mr. WAMP (for himself and Mr. STUPAK) introduced the following bill; which
was referred to the Committee on Commerce
A BILL
To provide for the establishment, use, and enforcement of
a consistent and comprehensive system for labeling vio-
lent content in audio and visual media products.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE ll—21ST CENTURY
MEDIA RESPONSIBILITY
SEC. ll1. SHORT TITLE.
This title may be cited as the ‘‘21st Century Media
Responsibility Act of 1999’’.
SEC. ll2. SYSTEM FOR LABELING VIOLENT CONTENT IN
AUDIO AND VISUAL MEDIA PRODUCTS.
(a) DECLARATION OF POLICY.—Section 2 of the Fed-
eral Cigarette Labeling and Advertising Act (15 U.S.C.
1331) is amended—
(1) by inserting ‘‘(a) POLICY REGARDING CIGA-
RETTES.—’’ before ‘‘It is the policy of the Con-
gress’’; and
(2) by adding at the end the following:
‘‘(b) POLICY REGARDING VIOLENCE IN AUDIO AND
VISUAL MEDIA PRODUCTS.—It is also the policy of Con-
gress, and the purpose of this Act, to provide for the es-
tablishment, use, and enforcement of a consistent and
comprehensive system for labeling violent content in audio
and visual media products (including labeling of such
products in the advertisements for such products),
whereby—
‘‘(1) the public may be adequately informed
of—
‘‘(A) the nature, context, and intensity of
depictions of violence in audio and visual media
products; and
‘‘(B) matters needed to judge the appro-
priateness of the purchase, viewing, listening to,
use, or other consumption of audio and visual
media products containing violent content by
minors of various ages; and
‘‘(2) the public may be assured of—
‘‘(A) the accuracy and consistency of the
system in labeling the nature, context, and in-
tensity of depictions of violence in audio and
visual media products; and
‘‘(B) the accuracy and consistency of the
system in providing information on matters
needed to judge the appropriateness of the pur-
chase, viewing, listening to, use, or other con-
sumption of audio and visual media products
containing violent content by minors of various
ages.’’.
(b) LABELING OF AUDIO AND VISUAL MEDIA PROD-
UCTS.—That Act is further amended by inserting after
section 4 (15 U.S.C. 1333) the following new section:
‘‘LABELING OF AUDIO AND VISUAL MEDIA PRODUCTS
‘‘SEC. 4A. (a) VOLUNTARY LABELING SYSTEM.—(1)
Manufacturers and producers of interactive video game
products and services, video program products, motion
picture products, and sound recording products may sub-
mit to the Federal Trade Commission a joint proposal for
a system for labeling the violent content in interactive
video game products and services, video program products,
motion picture products, and sound recording products.
‘‘(2) The proposal under this subsection should, to
the maximum extent practicable, meet the requirements
set forth in subsection (b).
‘‘(3)(A) The antitrust laws shall not apply to any
joint discussion, consideration, review, action, or agree-
ment between or among manufacturers and producers re-
ferred to in paragraph (1) for purposes of developing a
joint proposal for a system for labeling referred to in that
paragraph.
‘‘(B) For purposes of this paragraph, the term ‘anti-
trust laws’ has the meaning given such term in the first
section of the Clayton Act (15 U.S.C. 12) and includes
section 5 of the Federal Trade Commission Act (15 U.S.C.
45).
‘‘(b) REQUIREMENTS
FOR LABELING SYSTEM.—A
system for labeling the violent content in interactive video
game products and services, video program products, mo-
tion picture products, and sound recording products under
this section shall meet the following requirements:
‘‘(1) The label of a product or service shall con-
sist of a single label which—
‘‘(A) takes into account the nature, con-
text, and intensity of the depictions of violence
in the product or service; and
‘‘(B) assesses the totality of all depictions
of violence in the product or service.
‘‘(2) The label of a product or service shall
specify a minimum age in years for the purchase,
viewing, listening to, use, or consumption of the
product or service in light of the totality of all depic-
tions of violence in the product or service.
‘‘(3) The format of the label for products and
services shall—
‘‘(A) incorporate each label provided for
under paragraphs (1) and (2);
‘‘(B) include a symbol or icon, and written
text; and
‘‘(C) be identical for each given label pro-
vided under paragraphs (1) and (2), regardless
of the type of product or service involved.
‘‘(4) In the case of a product or service sold in
a box, carton, sleeve, or other container, the label
shall appear on the box, carton, sleeve, or container
in a conspicuous manner.
‘‘(5) In the case of a product or service that is
intended to be viewed, the label shall—
‘‘(A) appear before the commencement of
the product or service;
‘‘(B) appear in both visual and audio form;
and
‘‘(C) appear in visual form for at least five
seconds.
‘‘(6) Any advertisement for a product or service
shall include a label of the product or service in ac-
cordance with the applicable provisions of this sub-
section.
‘‘(c) FEDERAL TRADE COMMISSION RESPONSIBIL-
ITIES.—(1)(A) If the manufacturers and producers re-
ferred to in subsection (a) submit to the Federal Trade
Commission a proposal for a labeling system referred to
in that subsection not later than 180 days after the date
of the enactment of the 21st Century Media Responsibility
Act of 1999, the Commission shall review the labeling sys-
tem contained in the proposal to determine whether the
labeling system meets the requirements set forth in sub-
section (b) in a manner that addresses fully the purposes
set forth in section 2(b).
‘‘(B) Not later than 180 days after commencing a
review of the proposal for a labeling system under sub-
paragraph (A), the Commission shall issue a labeling sys-
tem for purposes of this section. The labeling system
issued under this subparagraph may include such modi-
fications of the proposal as the Commission considers ap-
propriate in order to assure that the labeling system meets
the requirements set forth in subsection (b) in a manner
that addresses fully the purposes set forth in section 2(b).
‘‘(2)(A) If the manufacturers and producers referred
to in subsection (a) do not submit to the Commission a
proposal for a labeling system referred to in that sub-
section within the time provided under paragraph (1)(A),
the Commission shall prescribe regulations to establish a
labeling system for purposes of this section that meets the
requirements set forth in subsection (b).
‘‘(B) Any regulations under subparagraph (A) shall
be prescribed not later than one year after the date of
the enactment of the 21st Century Media Responsibility
Act of 1999.
‘‘(e) PROHIBITION
ON
SALE
OR
DISTRIBUTION
WITHOUT LABEL.—Commencing one year after the date
of the enactment of the 21st Century Media Responsibility
Act of 1999, a person may not manufacture or produce
for sale or distribution in commerce, package for sale or
distribution in commerce, or sell or distribute in commerce
any interactive video game product or service, video pro-
gram product, motion picture product, or sound recording
product unless the product or service bears a label in ac-
cordance with the labeling system issued or prescribed by
the Federal Trade Commission under subsection (d)
which—
‘‘(1) is appropriate for the nature, context, and
intensity of the depictions of violence in the product
or service; and
‘‘(2) specifies an appropriate minimum age in
years for purchasers and consumers of the product
or service.
‘‘(f) PROHIBITION ON SALE IN VIOLATION OF AGE
RESTRICTION.—Commencing one year after the date of
the enactment of the 21st Century Media Responsibility
Act of 1999, a person may not sell in commerce an inter-
active video game product or service, video program prod-
uct, motion picture product, or sound recording product
to an individual whose age in years is less than the age
specified as the minimum age in years for a purchaser
and consumer of the product or service, as the case may
be, under the labeling system issued or prescribed by the
Federal Trade Commission under subsection (d).
‘‘(g) INVESTIGATIONS OF IMPROPER LABELING.—
The Federal Trade Commission shall have the authority
to receive and investigate allegations that an interactive
video game product or service, video program product, mo-
tion picture product, or sound recording product does not
bear a label under the labeling system issued or prescribed
by the Commission under subsection (d) that is appro-
priate for the product or service, as the case may be, given
the nature, context, and intensity of the depictions of vio-
lence in the product or service.’’.
(c) CIVIL PENALTY.—That Act is further amended
by inserting after section 10 (15 U.S.C. 1338) the fol-
lowing new section:
‘‘CIVIL PENALTY
‘‘SEC. 10A. (a) IN GENERAL.—Any person who vio-
lates subsection (e) or (f) of section 4A shall be subject
to a civil penalty in an amount not to exceed $10,000 for
each such violation.
‘‘(b) DURATION OF VIOLATION.—In the case of an
interactive video game product or service, video program
product, motion picture product, or sound recording prod-
uct determined to violate section 4A(e), each day from the
date of the commencement of sale or distribution of the
product or service, as the case may be, to the date of the
determination of the violation shall constitute a separate
violation of subsection (a), and all such violations shall be
aggregated together for purposes of determining the total
liability of the manufacturer or producer of the product
or service, as the case may be, for such violations under
that subsection.’’.
(d) SHORT TITLE OF ACT.—The first section of that
Act (15 U.S.C. 1331 note) is amended to read as follows:
‘‘That this Act may be cited as the ‘Federal Cigarette and
Media Violence Labeling and Advertising Act’ ’’.
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