Could FCC's Move to Regulate T.V. Violence Affect Video Games?

February 19, 2007
In a story that may have implications for the video game violence debate, the Associated Press reports that the Federal Communications Commission (FCC) believes the government may be able to regulate televised violence in a manner that does not violate free speech guarantees of the U.S. Constitution.

While the FCC has no authority over video game content, it is forseeable that the agency's idea for Congress to regulate T.V. violence could lead to similar legislation involving video game. From the AP story:
The long-overdue report suggests Congress could craft a law that would let the agency regulate violent programming much like it regulates sexual content and profanity -- by barring it from being aired during hours when children may be watching, for example...

Citing studies, the draft says there is evidence that violent programming can lead to "short-term aggressive behavior in children," according to an agency source, who asked not to be identified because the commission has not yet approved the report.

FCC Commissioner Michael Copps (left), a Democrat, told the AP:



The pressure to do something on this is building right now. People really feel strongly about this issue all across this land. This is not a red state or a blue state issue.

But, as the AP notes, the issue is fraught with challenges:




First, the FCC or Congress would have to define excessive violence. The agency is mulling several possibilities, including one devised by Morality in Media Inc., a group whose motto is "promoting decent society through law."



Even if a definition can be devised, more problematic is the issue of how to determine what is worthy of sanction and what is not.

"Will it count on the news?" asked Jonathan Rintels, executive director of the Center for Creative Voices in Media. "Will it count on news magazines like 60 Minutes and Dateline? What about hockey games when the gloves come off and people start punching each other?"

Rintels said such rules would create "huge gray areas of censored content."

Comments

This is why I've long advocated the Disbanding of the FCC and it's replacment with a NON Content regulations group, who only sale air time, not regulate content, or a group which has very LIMITED content regulation authority.

Peronaly, I could list a mile long list of examples of the FCC going to far, but I'm half asleep now and should even be up. But you all know what i'm talking about.

Anyway, have a good night.

If they think they can do this, then they're really overstepping what authority in this realm they've been given. As Brer has pointed out, they were created to oversee the proper usage of electronic and communications devices, NOT to be the morality police! This is not what they were created for.

What Dennis didn't mention here is that this would be part of yet another bid by the FCC to extend their jurisdiction into satellite and cable, which as Brer had also pointed out will be very difficult as (emphasis mine) YOU CAN'T REGULATE CONTENT THAT PEOPLE WILLINGLY PAY FOR TO BRING INTO THEIR HOMES.

If the FCC gets their way, expect to see them come down hard on popular shows whre "violence" is integral to their plots. Bye-bye Heroes. Bye-bye Lost. Bye-bye 24, not to mention a lot of your favorite animated action shows which they would believe to be aimed at children but are watched by quite a few adults too.

Hopefully the Entertainment Industry will fight hard against this and not roll over the way they did at the hearings held in the wake of Nipplegate in '04. It seems that we here in America are willing to fight harder for violence in our entertainment than we are for sex. "Censor sex? Ok, we'll concede that. Take away our violence? Hell no!"

The FCC further proved themselves to be nothing more than idiots.

The FCC is obviously telling the morons in Congress what they want to hear, as their daft draft is packed full of lies and fear-mongering.

Where is this supposed “evidence that violent media content can impact kids behavior”? The same evidence that’s been so throughly rejected by the federal circuit courts, rejecting attempts in Indianapolis, St. Louis, Washington state, Illinois, Michigan, California, Minnesota, Louisiana, and Oklahoma over the past five years to restrict the sales of “violent” video games to minors?

The rulings against Louisiana and Oklahoma in particular will derail the FCC’s attempt to regulate violence on TV, as those two states attempted to add violence to the Supreme Court definition of obscenity, which is presumably what the FCC and Congress is attempting here.

The future of FCC:

“Promoting a Decent Society Through selective brain surgery”

Joooiiiin uuuus...
---- I'm not crazy, just ask the pink elephant...

Welcome to the return of the 50's where "CENSORED FOR YOUR PROTECTION" is the name of the game!

@ point09micron

Another example of "short-term aggressive behavior":

Idiots leaving yesterday's newspaper in their paper tubes.

I'm sure Dennis has heard some paper carriers complaining about that.

please tell me i'm not the only one who is absolutely terrified by MIM's motto?

"Promoting a Decent Society Through Law" sounds like politi-speak for "let's get rid of the gays, the blacks, and the jews"

And here I thought people started to fully accept violence on TV and started focusing on violence in video games. Some culture wars never end, I guess.

You know what else leads to short-term agressive behavior by children? When another kid is on the swings at recess.

Here's another interesting thing to think about: We'll set aside the fact that the precedents are clear in that violence cannot and will not be treated as Obscenity (which is exactly how these bills are worded, using the 3-prong Miller test with "violence" substituted for "Sex"), a category which has a long legal tradition. We'll further set aside the argument that the FCC is on shaky ground to levy fines for indecency or sexually explicit material in the first plac given a strict interpretation of their original mandate. We'll imagine, for the sake of argument, that the FCC is able to regulate the depiction of violence on -broadcast- television. What does that mean? I'll argue that the long-term effect would be to reduce the power and impact of the FCC by encouraging more families to make the switch to Cable.

At this point, only 18.9% (give or take) of Television watching households in the US are broadcast-only (according to Nielsen), and that number gets smaller and smaller each year (interestingly it seems like satellite TV services like DirecTV are actually having the best growth right now, since they're gaining converts from both the broadcast -and- cable market shares). Anything that affects the appeal of broadcast television for consumers (like not being able to watch the shows you want until inconveniently late hours, when they're being shown in that key late afternoon to early evening block on cable) will further reduce that market share. Anything that forces broadcasters into bad business situations (like being forced to air expensively licensed, highly-rated violent shows in bad time slots when advertisers won't support them) will hurt their ability to compete, driving some small local stations out of business and generally hurting the ones that remain, -again- reducing the relevance of "broadcast only" television.

In short, if the FCC cripples broadcast television all they're doing in the long run is creating more Cable and Satellite customers...driving consumers towards the least restrictive options, and hamstringing their own power.

@Kurisu

Just like you don't see propaganda with tag lines like "Beat back the Huns".

@ Father Time

The irony of that was not lost on me. Actually, I came out and mentioned it in my latest Livejournal post on this topic. Glad to see I'm not the only one who was conscious of that fact. :)

While I understand what your all saying, you didn't follow my whole post.

I said, SPECIFICLY, that the replacment group should have none or very limited content censorship powers, what i forgot to mention is, that they will be the ONLY authroity over the airways, PERIOD, end of story. By making them the ultimate authority while not allowing them to control content, you lock out all other forces that might try to censor. In the end, it will be simple. All we need is for the free thinking people of the US to send a loud message to the government.

"1st amendment is the only authority for content"

Thats the end of the discussion. If you don't like howard stern, thats fine, change the station. don't like whats on tv, change the channel. Don't like a movie, don't buy it, don't like certain music, don't buy it.

The fact is, the Government should have never gotten into the censorship bussiness, EVER. That lies in the hands of parents and adults only. No one else.

And for those of you wondering ,YES, I do mean it across the board.

I think the fact that the government was ever allowed to establish any type of censorship was a horrible mistake. While I don't disagree with the idea that kids shouldn't be exposed to certain things, I also feel that if a parent is unable to, or unwilling to as is often the case, thats there problems, Not yours, Mine, or the governments

Call me crazy, but anything do to with censorship violates the first amendment. 'Censorship' shouldn't even be in the same sentence as 'constitutional' unless there's an 'un' in front of constitutional.

Again they are trying to pass another "feel good" bill. All these bills do is make the passers look like they did something important when in reality they are just beefing up their ego and Resume. So later if they intend to run for a higher office they can turn around and say "Hay look, I'm protecting the children. vote for me!" Not only that, but it targets the people who can't handle their kids so they complain to the Gov. that they need help to protect their kids from harmfull ideas. So then maybe they will stop acting so energetic and violent. But these parents have no idea what is achually goin on. First of all, most little kids are naturally very hyper, and act out there emotions on a regular basis. It's just part of being a kid, but parents don't want to deal with it. So they pack their children full of ridilin and zoloft then send them off to their friends house. Because why take care of their own kids when some one else can do it for them. Also it's not your horrable paranting causing your kids to dissobey you, it's obviously the T.V. and Video games that give your kids the idea to dissobey you and be rambunctious. So go parents and future parents, breed, breed like bacteria. And have no fear about your kids because you no longer have to take care of them. The Government will take care of them for you.
/rant

Do the Government really regulate books? No!!!! Don't worry about TV and games.

Such never ending nonsense!

@ Father Time

"What did the government do during WWI and WWII? Ask joe public to ration stell food gas anything that could be used to fight the war and the people did so"


I highly doubt that would happen nowadays.

Actually, AnonAmbientLight and his brother are still charging up for that first attack. All this debate will be moot when they release their energy attacks upon each other as the resulting explosion will destroy this universe entirely.

@Stetsonblade


OVER NINE THOUSANDDD!!!!!!!!!!!!!!!!!!!!!!!!!

@AnonAmbient

While you and your bro acted out DBZ, did you stop for hours to either talk and yell about how you were gonna beat each other up and charge your powers, finally ending the night with a "to be continued tomorrow" ?

Where exactly does it say anything about regulating TV violence in morality in Medai? I've looked at the site and it seems to be mostly about ponography.

they used the "for the children" spiel, they suck. end of story.

@Black Manta
It seems that we here in America are willing to fight harder for violence in our entertainment than we are for sex. “Censor sex? Ok, we’ll concede that. Take away our violence? Hell no!”

This should not be surprising AT ALL.

How was our country founded? A violent revolution. What did the government do during WWI and WWII? Ask joe public to ration stell food gas anything that could be used to fight the war and the people did so. In fact one major breach of first amendment rights set out to punish anyone who spoke out against WWI and the draft after the U.S. entered it (Alien and Sedition acts i believe). Most fairy tales feature violence as well (see red riding hood, hansel and gretel, and sleeping beauty all of which have the bad guy slain by the hero) and of course there is bugs bunny who immortalized the act of dropping an anvil on someone's head.

I can't help but think we are partially responsible for this or at least that this is something we have been asking for quite a while (and by we i mean the regualrs here at GP). Whenever someone attacked the industry we said "if you want to be fair you have to apply the same standards to all other forms of media and you don't have the balls to do that". Well now look what happens now. Now there is a bill to mandate TV violence inspired by the sucsess of censoring porn. It is the domino effect as we feared, and considering that TV violence is nowhere near as brutal as movie or video game violence (with a few exceptions like celebrity deathmatch) what will stop them from doing the same thing to game violence?

It's time to stop them here and now because this is where i draw the line. Just think of what could happen if they become successful, pay per view violence for starters. Kids are violent all the time, in fact i saw a kid of about 3 or 4 at mcdonalds banging a couple of toys together and saying "bang pow bam" and his parents didn't seem to mind or think anything odd of it because frankly it didn't look a thing out of the ordinary.
If this bill gets any and i mean any progress we must declare battle against this this insult of human intelligence this travesty of human rights and this pathetic last ditch effort to win a battle that should have been over a long time ago. As Twain himself put it censorship is like saying a man can't eat a steak because a baby can't chew it. Are we going to let the maturity level of a 5 year old suddenly become the standard to which everything must account to? No it's even a five year old level because clearly these scum have no real knowledge of how well a 5 or 6 year old can handle violence since it is the 5 year olds who are the main market of G.I. Jos and the ones who like to knock over block buildings at playtime. In fact it gets even worse than that since the only realistic violence that could possibly impact a child is shown on the 9 or 11 o clock news long after they should be in bed (besides how many 5 year old actually like to watch the news anyway). So are we going to let these self-righteous pricks tell us what is immoral and wrong when one of the main tenets this country was founded and fought on was the ability to decide for oneself what to believe in? They say they want to promote a decent society when any decent society won't allow a couple of nutjobs to mandate what is right and wrong to throngs of people they never met when they were never given any formal permission to speak for the throngs of people they want to control.

man that dude in the picture is really creepy looking.

@ Black Manta

"not to mention a lot of your favorite animated action shows which they would believe to be aimed at children but are watched by quite a few adults too."

Justice League got cancelled, and Teenage Mutant Nnja Turtles got castrated by the network into a more kid-friendly, toy-selling-oriented format with this "Flash Forward" shit.

Basically, all there is left matching that criteria is Grim Adventures of Billy and Mandy (which is comedy, not action). Any animes that fit this - Naruto, DBZ, etc. - are censored anyway.

And how does this new bill define violence inappropriate for minors?

"If it pertians to a minor's morbid fascination with violence.
If it has no serious artistic scientific, or political for minors
If it is patently offensive to the adult community"

I actually have no idea how it might be worded and since they seem to be serious about this i highly doubt they'd word it after failed bills.

Anyway this bill is a disaster waiting to happen or if not a guaranteed failure. Censorship aside short term aggresive behavior is nothing to get worked up about. If porn only has a short term psychological impact with no noticeable long term psychological impacts do you think it would be as tightly controlled as it is now? Also agressive behavior is nothing compared to porn side effects.

@AnonAmbient

I think you completely mis interpreted the reasons for Germany banning WW2 games.

"the draft says there is evidence that violent programming can lead to 'short-term aggressive behavior in children'"

So? Putting a kid in timeout can lead to 'short-term aggressive behavior'. Telling a kid to eat their lima beans can lead to 'short-term aggressive behavior'.

@Vladimir,

Conejo actually has a point, if he is overstating it. I'm scared of any organization that wants to "promote" its "values" on others through law. People have the right to live life their way so long as it doesn't violate the natural rights of others. Just because you think something is wrong doesn't make it so. It is just like saying following catholicism is wrong or being gay is wrong. If not quite as blatant.

You will think as we want you to think or we will make you think as we want you to think. - Sincerely Morality in Media.

It is scary when people start spouting rhetoric that would be at home in 1984.

@Wolf,
Maybe someday we'll get a president and a congress who realize what their job really is and streamline, cut back and limit the powers on alot of the programs currently funded by the government (vote jatone in 2020 for a freer tomorrow! ^_^)

Im tired of all this regulation BULLSHIT. Look, as long as movies and programs are not aired that show GRAPHIC violence, then there is no problem.

My brother and I use to watch Dragon Ball Z alot on cartoon network back in the day, when it was really popular. We were about 10 or 11 so you can imagine what we did. Thats right, we fought each other, like in the show. Just think, if they blocked that kind of stuff, then what?

Most children know the difference between fantasy and reality. Those that dont, have something wrong with them.

Besides, children WILL discover this kind of stuff anyway. Its like the germans trying to forget about WWII and their part that they played. Remember that little peice? Germany is trying to get WWII games banned because they might "portray germans in a bad light".

You can not hide whats really out there. The world is a scary place, but it is also a beautiful place if you let it be. To block either of these two factors for "saftey" reasons, only proves to do more harm than good.

And to the FCC, I say; go **** yourselfs. *flips them off* My foot, your ***, they should meet.

Yeah, I dispise the FCC. Always have.

Yeah, you auction off all the spectrum to cell phone companies, close that pesky little "analog hole" and...
Well, I suppose this is their bid for relevance. Why they think attempting something that is quite transparently unconstitutional is going to help them, I don't know. Perhaps they have succumbed to Washington groupthink.
It is in everyone's best interest to keep violence on the "air" (and by that I mean satellite or cable). Could you imagine trying to ship off a generation of carebear-ed kids to fight in Iran?

Dear GP, scary photo.

This problem solves itself over time. Fox is not going to give up 24, and neither are the advertisers. The FCC comes down on shows such as 24 and networks make the obvious choice. Stop broadcasting over the public airways, even if on a show by show choice. Cable and dish folks still get the shows they want and those without get infomercials or dead air. The FCC will legistate themselves out of a job, one way or the other.

@ Grahmr & Dan

Apparently the FCC is basing this around the concept of the hours of 6:00 PM to 9:00 PM (AKA Prime Time) as a "Safe Harbor," which was popularized in the 60s and 70s and by now is an outdated concept. I remember back in the day that bedtime for me and my sister was 9:00 PM. No if's, and's or but's! (unless of ocurse it was a special occasion). This policy remained in effect until our teens.

I also find this laughable that now they believe that the V-Chip and the TV ratings "aren't doing their job!" Well whose fault is that?! Not the industry's. They conceded that so they would prevent this sort of proposed legislation from happening in the first place! IIRC, it was mandated Federal law to put those V-Chips in! If they didn't work, then what was all that time, money and effort to put them in for?! Their health?!

It's been said time and time again: the responsibility rests with the PARENTS. The tools were given to them to use and there were ad campaigns to push awareness of them. It's not the industry's fault if they were too stupid, lazy or technophobic to use them. You know the bit about leading a horse to water and all that.

If there's anyone from the FCC or the government who's reading this (and I assume there is, as GP has been attracting a lot of movers and shkers of late), know this: if the V-Chips and the ratings weren't "doing their jobs" as you say, their failure can only attributed to the parents and yourselves. No one else. If memory serves, you mandated those ideas yourselves (at least the V-Chip). Don't go foisting the blame on the industry for your own mistakes and make the rest of us pay the price for it. >:(

I wouldn't worry about this, even as a precedent. As other have pointed out, the only reason the FCC can regulate TV is it uses the public airwaves which are a limited quanity and therefore must serve the public interest. This doesn't apply to anythign but broadcast for obvious reasons.

There are already lots of things you can't do on TV that are unregulated in other media: words you can't say, body parts you can't show, etc. Since the precedent is alreadt that the standard is completely separate, i can't see tightening broadcast standards having much affect on other media, though it coudl limit the ability to market things.

What the F***? How is it that there are people "all over the land" that feel so strongly about this, but yet their children are apparently watching violent shows? If they are so concerned, why do they need the government to regulate the programming for them? Can't they make sure their kids do not see it? You know tell them no...or block it on their own? This makes no sense to me at all...

Does video signal that goes through my cables ever leave said cables for the express purpose of a wireless communication? Does the government have an ownership of said cables?


The FCC has no jurisdiction over games because they are not broadcast over the public airwaves

OMG now I won't have tv violence till what 3 am?? God why is everyone afraid of seeing violence.

The average child stays up far later then they assume. So, trinity blood has to get moved to 1:30? and that would mean i could only see Eureka 7 at 3:00?

As they said on Family Guy "Theres just no dealing with the fellows at the freaking FCC" Or something, its been a while since I've seen that episode, but if they think that this doesn't violate the first amendment, then they're sorely mistaken.

If the FCC is disbanded then the PTC will take its place.

"by barring it from being aired during hours when children may be watching, for example…"

Translation to videogames:

Sell violent games only during hours when kids are in school. That way the only kids who try to buy it are the delinquent kids who then are desensitized to violence anyway.[/sarcasm]

“promoting decent society through law.”

Happiness is mandatory, citizen...

@Yuki:
That would be awfully dangerous. The minute they disband the FCC some cultural conservative is going to stand up and propose an executive body who's sole responsibility is censorship. That body will have a much better claim to censoring games and any other media that comes along than the FCC does, and will be that much harder to fight.

As it stands, they'd have to fight the argument of "Why do we need that when the FCC can do it?" With FCC out of the way we only have Constitutional free speech arguments and from what we've seen of how far free speech arguments can take us that becomes a scary thought indeed.

"the Federal Communications Commission (FCC) believes the government may be able to regulate televised violence in a manner that does not violate free speech guarantees of the U.S. Constitution."

How many times have we heard that before....?

"People really feel strongly about this issue all across this land."

Actually, could it be because we want you to keep your brown noses out of it? Take a country wide survey and get back to me, which will be useless since if then umber who disagrees with you is bigger than the ones complying, that number will magically vanish from minds and never get mentioned, just like the ESRB.

@Conejo:

It's probably just you. How do you equate "decency" with anti-semitism and racism? If you want to complain about MIM, do it because they want to make it largely illegal and very difficult for the average person to have access to pornography anywhere he goes. They have a lot of problems, but anti-semitism isn't one of them. :P

Read further up, guys, the precedent was already set by the federal courts when they struck down the "violent-games-as-porn" laws in Louisiana and Oklahoma.

Brer: "To answer your rhetorical question succinctly: No. The FCC’s mandate ... is to allocate and regulate frequencies of the RF spectrum used for communication. In short, if it’s not being sent into your home by an RF transmission ... they can’t touch it."

Obviously the FCC won't be able to touch games directly, but this could be a step towards convincing a judge that violent media and aggressive behaviour are linked. It's more the precedent that could be set we need to be wary of.
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ZippyDSMleeTIme or an operation!05/24/2012 - 6:43pm
ZippyDSMleePC parts are in wish me luck or hell!!05/24/2012 - 6:43pm
MaskedPixelante38 Studios and Big Huge Games are pretty much dead now. http://www.joystiq.com/2012/05/24/38-studios-and-big-huge-games-lay-off-entire-staffs05/24/2012 - 4:39pm
DorthLousActually, nop, I did miss the emoticon for some reason (getting used to pics?) and I didn't know you changed it since (since I posted previous to my shout and it was still there.) Anyhow, thanks for taking it out!05/23/2012 - 6:01pm
james_fudgeWell we were just testing it. but it is still on the submission to fight $pam.05/23/2012 - 5:48pm
E. Zachary KnightJames, No I don't have it. I was just wondering who does and why. More curiosity than anything.05/23/2012 - 5:38pm
james_fudgeDid you not see the emoticon and did you not see that it has already been changed back?05/23/2012 - 5:10pm
james_fudgeLOL05/23/2012 - 5:07pm
DorthLousWhy? Not shocked that people are barking to an additional hoop to jump through when posting from their already logged in account or just mentionning this to try to paint me as one always complaining?05/23/2012 - 4:45pm
james_fudgebig shock there ;)05/23/2012 - 4:30pm
DorthLousI'll add my voice to those wanting it gone :S I'm already logged in, I don't need a captch'a. That's for those registering.05/23/2012 - 3:54pm
james_fudgeEt tu EZK?!?05/23/2012 - 3:51pm
Craig R.I'm a One Man Quorum! And it's working for me now, thanks. :)05/23/2012 - 3:48pm
E. Zachary KnightHow do we determine who get's the game/captcha thingy? Is there a certain posting threshhold users have to meet before it is turned off?05/23/2012 - 2:25pm
james_fudgeGive it a chance, we're still adjusting it ;)05/23/2012 - 11:20am
james_fudgeOne does not a Quorum make Craig.05/23/2012 - 11:16am
Craig R.If I complete the stupid game, and it just deletes my comment, what's the point?05/23/2012 - 11:15am
Craig R.Ok, the little captcha game? You can get rid of it already.05/23/2012 - 11:13am
Craig R.FCC boss is giving the thumbs up to usage-based pricing for Internet access05/23/2012 - 11:08am
Andrew Eisenbeemoh - Yeah, Miyamoto was awarded the Spanish prize for Communication and Humanities.05/23/2012 - 10:36am

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