To provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products.

May 17, 2001

Mr. WAMP (for himself and Mr. STUPAK) introduced the following bill; which was referred to the Committee on Energy and Commerce

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,

SECTION 1. SHORT TITLE.

This title may be cited as the `21st Century Media Responsibility Act of 2001'.

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 2001, 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 2001.

`(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 2001, 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 2001, 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'.

END