LIEBERMAN PLANS TO INTRODUCE MEDIA VIOLENCE LEGISLATION TODAY
Despite some progress by movie studios and videogame makers, Sen Lieberman (D-Conn.) intends to introduce today his controversial bill that would impose fines on entertainment companies that marketed adult content to children. Dan Gerstein, Lieberman’s communications dir., said proposed legislation clearly would empower FTC to pursue civil penalties against movie studios, videogame makers, record companies and others that used “false and deceptive marketing practices” to target adult-rated material to kids in TV and print ads. Speaking at American Advertising Federation (AAF) conference in Washington Wed., he said bill also would authorize FTC to conduct periodic evaluations of how well industries were complying with advertising restrictions. “We said we would issue legislation if [industry] commitments were not made,” Gerstein said, noting that only videogame industry had responded fully so far. “We were very consistent all along.”
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Lieberman’s move will come just 2 days after FTC, in 6-month follow-up report to Sept. study of marketing of violent movies, songs and videogames to children, said entertainment industry “has made some progress both in limiting advertising in certain popular teen media and in providing rating information in their advertising.” Specifically, FTC said movie studios had sharply reduced their marketing of R-rated movies in teen magazines, while videogame makers have drastically cut their commercials for M- rated games on teen TV shows. But it faulted 2 industries for not going further and lambasted record companies for apparently not taking any steps despite their earlier promises to do so.
“The Commission found that the music recording industry, unlike the motion picture and electronic game industries, has not visibly responded to the Commission’s [Sept.] Report; nor has it implemented the reforms its trade association announced just before the Commission issued its Report,” FTC said. As result, FTC Chmn. Robert Pitofsky labeled music industry response “disappointing in its failure to institute positive reforms” to regulate itself. While “very encouraged” by what movie and videogame industries have done so far, he warned that Congress might step in if voluntary, self-regulatory approach advocated by FTC didn’t work.
Other speakers on media violence panel at AAF conference debated virtue of legislative action on issue. Opponents charged that Lieberman and other legislators were proceeding despite little conclusive evidence that media violence contributed greatly to real violence. “I'm afraid this is a case of regulation by anecdote,” said Wiley, Rein & Fielding partner Daniel Troy. Saying he was “surprised” by Lieberman’s move on heels of new FTC report, he accused lawmaker of reaching verdict before trial.
Jonathon Yarowsky, Patton Boggs partner representing RIAA and National Assn. of Theater Owners (NATO), warned against “over- response” by lawmakers that could result in “bitter harvest.” He also cautioned against “singling out the private sector” for blame when genetics, environment, parents and peer culture all contributed to violence problem as well. Stressing 12-point initiative adopted by theater owners, Yarowsky said both of his industries “have gotten the message” on media violence. “The time to move to voluntary self-regulation is now,” he said. “Things are beginning to change, for the most part change for the better.”
Troy also contended that U.S. Constitution would block congressional efforts to regulate media violence, particularly on content side. “That’s where the First Amendment kicks in,” he said. “The First Amendment is a giant impediment to doing what some lawmakers want to do.” But Gerstein dismissed that argument, asserting that Lieberman’s attempt to restrict media marketing practices would not run afoul of Constitution because bill steered clear of content regulation. “The First Amendment is not a license to deceive,” he said.
Psychiatric Center CEO Michael Brody, who chairs media committee of American Academy of Child and Adolescent Psychiatry, agreed with Gerstein. Calling First Amendment argument “last foothold” of those who would defend media violence, he said entertainment companies engaged in “child abuse” by targeting adult-rated content at minors. “This is not truth in advertising,” he said. If ads promoting violent material have no impact on children, he asked, “why are you spending millions of dollars to influence kids?”
Brody and Gerstein also criticized TV industry for doing little to promote and explain its new rating system to viewers. Gerstein said rating system had been “an abject failure” because of its complexity and industry’s opposition to publicizing it. He also said TV networks had resisted Lieberman’s proposal to air national media education campaign about new ratings, refusing even to show public service announcements (PSAs).
Mary Engle, asst. dir., advertising practices division at FTC, said agency officials continued to believe that “vigilant self-regulation” by media companies was best way to go because of First Amendment concerns about content regulation. “We're encouraged by the response of the movie and game industries,” she said. “We're just encouraging the music industry to follow the leads of the others.”