Co-authored by Allison Hift
A new technology has emerged. It's designed to help parents who can't always monitor what their kids are watching on TV. The reality is that few of us can do 24 by 7 monitoring of our kids' viewing habits.
Last year, the FCC adopted rules requiring all television sets with picture screens 33 centimeters or larger to be equipped with features to block the display of television programming based on its rating. (I don't know about you, but 33 centimeters has about as much meaning to me as 33 degrees Celsius is a hot day. So before you run to your ruler, which will run out at 12 inches anyway, the answer is that 33 centimeters is about 13 inches.)
Personal computers that include a television tuner and a qualifying monitor must also comply.
The technology is known as the V-Chip. The "V" stands for violence. The V-Chip reads information encoded in the rated program and blocks programs from the set based upon the rating pre-selected by parents. Half of all new televisions 13 inches or larger manufactured after July 1, 1999 and all sets 13 inches or larger manufactured after January 1, 2000 must have the V-Chip. Set-top boxes that use V-Chip technology on pre-July 1999 sets are also available.
How the Technology Works
The Television Decoder Circuitry Act of 1990 required all new televisions sold in the United States to contain a chip to decode closed-captioning signals for the hearing impaired. The V-Chip technology works the same way.
Program rating information is transmitted with the television signal and decoded by the "chip" in the television. The rating code is carried in an unused portion of the television signal in the black bar that appears when the horizontal hold on a television set goes out of whack and the picture rolls. (Not to digress -- well let's digress -- when I was a kid I had a knob to turn to fix a horizontal or vertical roll in the picture. Now, when the picture rolls, I probably bought a repair shop visit. Progress?)
The chip receives the signal and compares the rating code it received to the values preset by the parent. If the received rating code is higher than the preset value, the television signal is blocked.
The Ratings System
The Telecommunications Act of 1996 gave the broadcasting industry the opportunity to establish voluntary ratings. If the industry did nothing, it risked the government stepping in and telling it how to rate its programs. Congress probably gave the industry the self-regulation option as a way to avoid First Amendment problems.
The industry accepted the government's offer, established a content-based ratings system, and committed to voluntarily broadcast signals containing these ratings. The ratings identify programming that contains sexual, violent or other "improper" material.
The rating system is known as the "TV Parental Guidelines" and was established by the National Association of Broadcasters, the National Cable Television Association and the Motion Picture Association of America.
The ratings are displayed on the television screen for the first 15 seconds of rated programming and, with the V-Chip, permit parents to block certain programming from coming into their homes.
The FCC also established a V-Chip Task Force. The Task Force is charged with working with equipment manufacturers, cable and broadcast programming producers, parents and other groups to ensure effective V-Chip implementation.
The V-Chip ratings are two-pronged. They're based on content and age indicators. They've been criticized as a hit-or-miss approach to content-based regulation.
For example, a program is stamped with a "TV-Y7" if it is "more appropriate for children who have acquired the developmental skills needed to distinguish between make-believe and reality. Themes and elements in this program may include mild fantasy or comedic violence, or may frighten children under the age of 7. Therefore, parents may wish to consider the suitability of this program for their very young children. Note: For those programs where fantasy violence may be more intense or more combative than other programs in this category, such programs will be designated TV-Y7-FV..."
Does "they have to be kidding" ring a bell? It's mumbo jumbo. I don't know about you, but I consider most broadcast "news" a mix of "mild fantasy-violence." And believe it or not, both "news" and "sports" programmers are exempt from the ratings requirements.
In some ways, I liken the V-Chip ratings to dangling a Power Ranger in front of a ten-year old and telling him that it is a violent, dangerous toy that he can't play with.
To give you some perspective on this, a recent report on television violence noted that among those most susceptible to television violence-boys between the ages of 10 and 14-not one would choose a movie rated "G " However, if the same movie were rated "R" more than half of the boys would want to watch.
Political Battle over V-Chip Regulation
Does the V-Chip violate the First Amendment rights of broadcasters? The broadcasters seem to think so.
Broadcasters claim that the V-Chip ratings system puts the government in control and will lead to boring, put-us-all-to-sleep programming. This argument is somewhat weakened by the fact that broadcasters have control over the development of the ratings system. It's only if broadcasters fail to develop such a system that we get government control.
Broadcasters also claim that the V-Chip laws are overly burdensome. They argue that there's simply too much video programming produced to rate all of it.
They claim that the burden far exceeds that of even the Motion Picture Association of America (MPAA). The MPAA is required to view and rate over 600 movies each year. With over 600,000 hours of video programming to review, the broadcasters claim this is an impossible task.
What it really boils down to is this: Blocked shows result in fewer eyeballs and fewer eyeballs result in fewer advertising dollars for broadcasters. Logically then, the blandest shows become the most profitable.
The American Civil Liberties Union (ACLU) claims that while supporters of the V-Chip believe it gives parents control over their childrens' viewing habits, it in fact functions as government censorship that usurps parental control. The ACLU points out that it is the government-either directly or by coercing private industry-and not the parents-that determine how programs are rated.
The ACLU says that there are less intrusive, less burdensome ways to protect our children: They point to things like "lockboxes" for cable TV and built-in channel guards that allow parents to block certain channels for specified periods of time.
Legal Challenges Won't Delay the V-Chip
The Telecommunications Act of 1996 provides for an expedited review of any court challenge to the V-Chip laws. The expedited review was provided by Congress to prevent long, drawn out, constitutional challenges from delaying the V-Chip technology.
A constitutional challenge to the laws would be heard by a district court of three judges and any appeal to the district court decision would be reviewable as a matter of right by direct appeal to the Supreme Court. Any such appeal must be filed within 20 days after entry of a judgment, decree or order.
The V-Chip Is Not Fool-Proof
The V-Chip is far from a perfect substitute for good parenting. For example, some feel that there are violent programs that children should watch and a parent that simply blocks all violent programming is going too far. An example would arguably be Schindler's List.
Further, studies suggest that in areas of high crime, where children watch 50% more TV than children in low crime areas, parents won't use the V-Chip at all. The V-Chip doesn't work unless the parents activate it. Poor and ignorant parents effectively defeat the device designed to help poor and ignorant parents.
While the Telecom Act of 1996 provided an alternative to a government-created and policed scheme by authorizing the establishment of a private, voluntary ratings system by video programming distributors, many First Amendment advocates still see a problem. In the words of First Amendment guru Floyd Abrams, "The V-Chip is First Amendment friendly the way Henry VIII was wife-friendly."