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FCC indecency rule struck down by appeals court |
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Coalition Blog
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The 2nd U.S. Circuit Court of Appeals in Manhattan today said that Federal Communications Commission's guidelines for fleeting expletives and other indecencies in broadcast violate the First Amendment. The three-judge panel of the U.S. Second Circuit Court of Appeals in New York said in its opinion that the FCC's policy was "unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here." The court's ruling is attached to this post.
While this is clearly a victory for the broadcast networks and freedom-of-speech advocates, it poses a significant challenge for parents. The case had its origins in the rock star Bono's exclamation, "this is really f..... brilliant!" at a Golden Globes Award ceremony in 2004. With this new ruling, what are parents to do? This is a question the broadcast networks are not clear about. We assume they want families to watch awards shows like the Golden Globes and the Academy Awards with their children.
As always, we are not advocating censorship. Rather, if we are going to provide maximum freedom of expression for TV and other media, then we also have to equip families and consumers with the tools to select what content they want in their homes and what content they want to keep out. That is a conversation that is long overdue.
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Game console as a Set-top box |
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Coalition Blog
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For the past several years we have heard about the coming integration of TV, Web and Video games. Sony, Microsoft Corp. and Nintendo are making deals with cable networks, major film studios, and Netflix Inc. to provide access to TV and films through their game consoles. The agreements position the console makers to challenge pay-TV service providers like cable and satellite companies. You can read more details about it here.
From the ratings perspective this offers both a challenge and an opportunity. The challenge is that it appears that children sitting at a game console will now that access to a wide range of cable TV and movie content. But if it is all integrated into one place, then this increases the possibility of an integrated platform of ratings/controls to help parents monitor the content. |
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FTC Seeks Comment on Children's Online Privacy Protections |
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Coalition Blog
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The FTC is seeking comment on whether to update the Children’s Online Privacy Protection Act (COPPA), which went into effect in 2000. The rule is reviewed every five years. It went unchanged in 2005.
It is clearly time for some major rethinking, given the explosion in online activity of children in the last 10 years. Consider that when COPPA went into effect there were no social media sites such as Facebook, MySpace, etc. That fact alone warrants a major review.
The 90-day comment period will end on June 30, 2010. The Commission also will hold a public roundtable on the COPPA Rule review on Wednesday, June 2, 2010, at the FTC Conference Center, 601 New Jersey Avenue, N.W., Washington, DC.
Copies of the Federal Register Notice and the public comments received will be posted on the FTC’s Web site at:http://www.ftc.gov/privacy/privacyinitiatives/childrens.html.
The Hill has a good overview article here. |
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Supreme Court to Hear Case of Violent Video Games |
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Coalition Blog
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The US Supreme Court has agreed to examine the constitutionality of a California ban on the sale and rental of violent video games to minors. This is clearly a crucial moment for both the video game industry and those who are concerned about the impact of violent video games on children.
Interestingly, the question is not whether the games can be made or released. This is not a censorship case. Rather, it is a question of what is appropriate for children under 18 to view and play. It is a question of protecting the development of children.
Consider that our society does not allow children under over 17 to view R-rated movies alone. Now consider this sample of content from the video game "Postal II", as described by US District Judge Ronald Whyte, "Girls attacked with a shovel will beg for mercy; the player can be merciless and decapitate them. People shot in the leg will fall down and crawl; the player can then pour gasoline over them, set them on fire, and urinate on them. The player's character makes sardonic comments during all this; for example, urinating on someone elicits the comment, "Now the flowers will grow."
Certainly this would qualify as R-rated content. It seems obvious that the purchase of such content should be forbidden to minors. Let's hope the Supreme Court sees it as clearly as we do. |
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Understanding Parents' Views of Media - Its Not Simple |
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Coalition Blog
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All too often those of us inside the children and media policy world fall into overly simple descriptions of what is in fact a very complex reality. We promote caricatures of parents and children as being either hiding under the covers in fear of harmful media content - or not concerned at all. We present the parent as the totally informed, rational actor who is making wise decisions about media use (and thus has no need for government intervention) or a weak, overwhelmed figure who needs government to protect their family from everything.
The reality, of course, is somewhere in between, as a Harris poll of 411 parents of children aged between 6-18 from 2007 indicates. Consider these findings:
- 71 percent admitted their child had encountered at least "one issue" with the Internet within the past year.
- Four out of five parents said the Internet helped their children in school
- Only 31 percent said their children spent too much time online.
- 93 percent say they are engaging in some sort of monitoring activity
- 24 percent of parents reported their kids were exposed to strong language, sexual or violent content online over the past year
- 56 percent reported using a filter or blocking software
The results seem to suggest that parents see the Internet as needed and necessary for their children. They are aware that Internet use exposes their children to inappropriate content and are doing what they can to protect their children. And I suspect they would welcome all the help they can get all of us in the policy world. |
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