21st Century Media Responsibility Act of 1999 - Amends the Federal Cigarette Labeling and Advertising Act to state that it is the policy of Congress to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products, including with regard to the appropriateness of such products for minors.
Authorizes manufacturers and producers of interactive video game products and services, video program products, motion picture products, and sound recording products (products) to submit to the Federal Trade Commission (FTC) a joint proposal for a system for labeling the violent content of such products. Outlines labeling system requirements, including that: (1) such product shall specify a minimum age for purchase and viewing; and (2) the label should appear conspicuously on the product.
Requires the FTC to review any proposal that is submitted by such manufacturers and producers within 180 days after the enactment of this Act to determine if it meets such requirements. Requires the FTC to issue a labeling system within 180 days after commencing a review of such proposal. Directs the FTC to establish its own labeling system if a proposal is not submitted.
Prohibits a person from manufacturing or producing such a product unless it bears a label meeting requirements of this Act. Prohibits a person, from the same date, from selling such product to an individual whose age is less than the minimum age specified under the labeling system.
Empowers the FTC to investigate allegations of violations of this Act. Provides civil penalties for violations.
Renames the Federal Cigarette Labeling and Advertising Act as the Federal Cigarette and Media Violence Labeling and Advertising Act.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2248 Introduced in House (IH)]
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 violent content in audio and
visual media products.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE ____--21ST CENTURY MEDIA RESPONSIBILITY
SEC. ____1. SHORT TITLE.
This title may be cited as the ``21st Century Media Responsibility
Act of 1999''.
SEC. ____2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL
MEDIA PRODUCTS.
(a) Declaration of Policy.--Section 2 of the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. 1331) is amended--
(1) by inserting ``(a) Policy Regarding Cigarettes.--''
before ``It is the policy of the Congress''; 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 Congress, and the purpose of this
Act, to provide for the establishment, 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 appropriateness
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 intensity 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 purchase, viewing, listening to,
use, or other consumption of audio and visual media
products containing violent content by minors of
various ages.''.
(b) Labeling of Audio and Visual Media Products.--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 submit 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 agreement between or
among manufacturers and producers referred 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 `antitrust 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, motion picture products, and sound recording products
under this section shall meet the following requirements:
``(1) The label of a product or service shall consist of a
single label which--
``(A) takes into account the nature, context, 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 depictions 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 provided
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 accordance with
the applicable provisions of this subsection.
``(c) Federal Trade Commission Responsibilities.--(1)(A) If the
manufacturers and producers referred 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 system contained in the proposal
to determine whether 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).
``(B) Not later than 180 days after commencing a review of the
proposal for a labeling system under subparagraph (A), the Commission
shall issue a labeling system for purposes of this section. The
labeling system issued under this subparagraph may include such
modifications of the proposal as the Commission considers appropriate
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 subsection 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 program product,
motion picture product, or sound recording product unless the product
or service bears a label in accordance 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
interactive video game product or service, video program product,
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, motion 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 appropriate for the product
or service, as the case may be, given the nature, context, and
intensity of the depictions of violence in the product or service.''.
(c) Civil Penalty.--That Act is further amended by inserting after
section 10 (15 U.S.C. 1338) the following new section:
``civil penalty
``Sec. 10A. (a) In General.--Any person who violates 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 product 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'''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Commerce.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
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