FTC to Congress: First Amendment would limit media-violence crackdown
By The Associated Press
11.22.00
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WASHINGTON — First Amendment protections significantly restrict
the ability of the government to go after entertainment companies that peddle
inappropriate music, films and video games to children, federal regulators are
telling Congress.
With these constitutional guarantees binding its hands, the Federal
Trade Commission says a better solution would be for the entertainment industry
to step up self-regulation efforts and for lawmakers to keep a watchful
eye.
If entertainment companies fail to stop marketing adult material to
children, then Congress should consider narrowly tailored legislative remedies,
the commission said.
Vice President Al Gore and his running mate, Joseph Lieberman, have
already said they would favor federal
action if the industry fails to police itself.
Lawmakers had asked the FTC to examine whether the agency could use
its existing authority to take action against movie houses, video game makers
and music producers that market inappropriate products to underage audiences.
That came after a scathing commission
report which found that industry executives aggressively and routinely
target adult-rated material at children.
The FTC has jurisdiction to enforce regulations that prohibit "unfair"
or "deceptive" marketing. But extending this authority to the marketing
practices of the entertainment industry raises "a number of significant legal
limitations, including substantial and unsettled constitutional questions,"
wrote FTC Chairman Robert Pitofsky in a letter to Senate Commerce Committee
Chairman John McCain, R-Ariz.
For example, to prove deceptive marketing of an R-rated movie under
one legal theory, the FTC said it would have to show that advertising or other
promotional material indicated the film was appropriate for audiences under age
17. At the same time, the agency said, it would also have to show that the film
was in fact not suitable for audiences under age 17.
While many R-rated movies are inappropriate for younger viewers
because of violent or graphic content, parents may not have objections to their
children seeing certain R-rated films.
"People might have different views about the propriety of
unaccompanied children under 17 seeing a film like 'Saving Private Ryan' versus
one like 'I Know What You Did Last Summer,' " the commission wrote.
That could put federal regulators in the thorny position of
determining which movies are appropriate for young audiences, raising First
Amendment concerns, the agency said.
Jack Valenti, head of the Motion Picture Association of America, said
the FTC letter clearly illustrates "any attempt to charge the movie industry
for deceptive advertising of R-rated films would be fatally infected with
serious constitutional problems." The group has implemented voluntary
guidelines to curtail the practice of marketing inappropriate R-rated films to
children.
Some experts say that deceptive advertising may not be at the root of
what parents and federal officials find objectionable about the industry's
marketing practices.
"The real objection to some of the marketing directed at children is
not that it is untrue or misleading, but that it is too true in inviting
children to see movies they might like but which we think are bad for them,"
said First Amendment lawyer Floyd Abrams.
He added that the distinction between the marketing of
constitutionally protected content and the content itself is not clear-cut.
The commission also said it might also have a hard time demonstrating
that a marketing practice of an entertainment company causes substantial injury
to consumers and is therefore unfair.
The FTC concluded the industry should bolster its efforts at
self-regulation. Entertainment executives have said they are taking steps in
this direction already, but some critics,
including Lieberman, have argued
that the industry is not doing enough.
Previous
Movie executive admits 'lapse' in judgment
Angry senators question Mel Harris, president of Sony, other officials about industry marketing practices during committee hearing today.
09.27.00
Lawmakers blast marketing efforts of entertainment industry
Sen. John McCain leads committee hearing echoing FTC report’s claim that companies ‘routinely’ market violent products to kids.
09.14.00
Roundup: Nebraska Regents candidate challenges campaign-finance law
Other First Amendment news from around the United States.
09.12.00
FTC report: Entertainment industry markets violent material to youth
Releasing results of long-awaited study, commission urges industry to expand voluntary codes, sanction companies that run afoul of guidelines.
09.11.00
Related
Atmosphere ripe for further regulation of broadcast media, say panelists
Participants say federal government is moving toward content, other restrictions on media in effort to control real-world acts of violence.
10.25.00
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However legitimate the concerns are about violence in society, 'the proposed cures are worse than the illness,' says joint statement by seven groups.
11.30.00
Senate committee passes bill to restrict TV violence
Measure would limit violent programs to times when children do not make up large part of viewing audience.
09.21.00
