Federal Legislation
S.602
Title: A bill to develop the next generation of parental control technology.
Sponsor: Sen Pryor, Mark L. [AR] (introduced 2/15/2007) Cosponsors (6)
Latest Major Action: 12/2/2008. Status: Signed Into Law.
Source: http://thomas.loc.gov
President Bush Signs S. 602 Into Law
STATEMENT BY PRESS SECRETARY DANA PERINO
On Tuesday, December 2, 2008, the President signed into law:
S. 602, the "Child Safe Viewing Act of 2007," which requires the Federal Communications Commission to conduct an inquiry to examine the availability of, and methods of encouraging the use of, advanced blocking technologies that help parents protect their children from transmitted video and audio programming that the parents determine to be indecent or objectionable;
November 18, 2008
Press Release from http://pryor.sentate.gov
Pryor Bill to Protect Children from Indecency on TV and Internet Heads to White House
WASHINGTON D.C. – Senator Mark Pryor today announced his legislation to hand parents more control over the content their children view on TV and the Internet is headed to the White House for the President’s signature. The Senate passed his legislation Monday evening without objection.
Pryor introduced the Child Safe Viewing Act in February 2007 to expand parents’ ability to protect their children from inappropriate scenes and language online, on television and other viewing devices. His bill requires the Federal Communications Commission (FCC) to fulfill its obligation under the 1996 Telecommunications Act to continuously review and implement blocking technology as it is developed. As part of the 1996 law, Congress required television manufacturers to embed the V-Chip within televisions to allow parents to filter some content according to a rating system. However, the FCC has failed to act since then.
“With over 500 channels and video streaming, parents could use a little help monitoring what their kids watch when they are not in the room,” said Pryor. “Today’s technology to protect children from indecency goes above and beyond the capabilities of the V-Chip. It’s time for the FCC to take a fresh look at how the market can empower parents with more tools to choose appropriate programming for their children. This bill is a pragmatic, sensible approach where parents, kids and technology can all benefit.”
Pryor said parents are alarmed at the increasing amount of sexual scenes and violence on TV and the Internet. He believes they would take advantage of easy-to-use tools that would shield their children from inappropriate content. He cites a 2005 study by the Kaiser Family Foundation that reports the number of sexual scenes on television has nearly doubled since 1998. A separate Kaiser report estimates that approximately 90 percent of kids aged 8 to 16 have viewed pornography online, primarily while doing homework.
House Passes Amended Pryor Bill
Legislation Requires FCC To Study Technologies Blocking Content On TV, Internet
By Ted Hearn -- Multichannel News, 10/6/2008 10:39:00 AM
Washington -- The House last Friday passed a bill requiring the Federal Communications Commission to study parents'access to advanced technologies that are capable of blocking content on television and the Internet.
The House, however, did not pass an identical version of the bill (S. 602) approved by the Senate last Wednesday, meaning the bill can't be sent to President Bush for his signature just yet.
The House stripped out a series of congressional "findings" from the Senate bill before passing it by unanimous consent.
Still, the Child Safe Viewing Act, introduced by Sen. Mark Pryor (D-Ark.) in 2007, could become law this year if the Senate returns for a lame duck session on Nov. 17 and agrees to the House's amendment.
H.R.5990
Title: To require ratings label on video games and to prohibit the sales and rentals of adult-rated video games to minors.
Sponsor: Rep Matheson, Jim [UT-2] (introduced 5/7/2008) Cosponsors (6)
Latest Major Action: 5/8/2008 Referred to House subcommittee. Status: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
Source: http://thomas.loc.gov
State Video Game Legislation
Pennsylvania
PA 01-54 - 2001
Required the consumer protection commissioner to fine business owners who allowed minors to play video games with “violent point and shoot" video games. The act applied to owners of for-profit businesses providing these games for entertainment. A violation was punishable with a fine of up to $1,000.
Vetoed May, 2001
HR 909
Calls for the creation of a task force to study the violent effects of video games.
October 2006 - Passed
California
Assembly Bills 1792 & 1793
AB 1792 classifies violent video games as "harmful matter", and banns the sale of these video games to minors. AB 1793 requires signs explaining the ESRB rating system and that M-rated games be kept separate from those games intended for children.
October 2005 - Passed
December 2005 - Northern District of California Judge Ronald Whyte issued a preliminary injunction blocking the law from taking effect.
August 2007 – Ruled unconstitutional
Georgia
SB 106
Requires retailers who sell or rent video games to display a sign explaining the ESRB rating system.
May 2005 - Bill passed and signed into law
Illinois
HB4023, Safe Games Illinois Act
Limits the sale or rental of any violent or sexually explicit computer or video game to minors. Those doing so commit a Class A misdemeanor for which a fine of $ 5,000 may be imposed.
July 2005 - Passed
December 2005 - U. S. District Judge Matthew Kennelly issued injunction against measure, as it is protected under First Amendment.
Governor Blagojevich ordered an appeal on portions of the law dealing with sexually explicit material.
November 2006- The 7th U. S. Circuit Court of Appeals upheld lower court decision that the law is unconstitutional and too broad.
Ruled unconstitutional by the Seventh Circuit Court of Appeals.
Louisiana
HB 1381
Allows a judge to rule on whether a video game meets established criteria for being inappropriate for minors and have them pulled from store shelves.
Took effect in June 2006
August 2006 - Judge James Brady issued a temporary injunction
November 2006 - Judge James Brady officially ruled law unconstitutional
SB 340
Makes it unlawful to distribute sexually explicit video games to minors.
Passed into law, taking effect in August, 2006.
Maryland
HB 707
A person or business cannot display or exhibit video games containing sexually explicit content to minors.
Passed; Took effect in October 1, 2006.
Michigan
SB 249 & 416 HB 4702 & 4703
Prohibits the sale or rental of video games rated Adult or Mature to anyone under age 17. A person who violates this is guilty of a misdemeanor punishable by imprisonment of up to 1 year and/or a fine of up to $5,000.
Took effect in 2005.
April 2006 - Federal Judge George Caram Steeh ruled the act unconstitutional.
Minnesota
SF 0785 and HF 1298
Restricts sales or rentals of M- or AO-rated video games to minors. Minors caught trying to purchase or rent these games would be fined $ 25
June 2006 - Took effect
July 2006 - A judge ruled the law unconstitutional, citing that there is a lack of evidence showing video game violence is harmful to children.
February 2007 - Arguments heard in an appeal filed by the State
March 2008 – Law ruled unconstitutional
New York
Governor Signs Bill That Protects Children From Violent Video Games
Governor David A. Paterson signed a bill that ensures the State will explore the negative effects of violent video games.
“We have the obligation to be constantly vigilant about amending our laws to protect the residents of New York State,” said Governor Paterson. “The first duty of government is to provide a safe society for our resident to live, work and raise their families. These new laws will enhance the protections afforded to the citizens of this state and will address gaps in protection that have existed for years. I applaud the Legislature for working with me and my staff to reach agreements on fixing these problems.”
Bill A.11717 / S.6401-A establishes an advisory council to conduct a study on the connection between interactive media and real-life violence in minors exposed to such media. This bill will also require new video game consoles to have parental lockout features by 2010, and mandate that games sold at retail disclose the ratings obtained from the gaming industry's voluntary rating system.
Oklahoma
HB 3004
Limits the sale of violent games to minors and requires stores to keep these games out of plain sight.
Took effect in November 1, 2006
October 2006 - A judge issued a preliminary injunction to block the law from taking effect
September 2007 – Judge issued permanent injunction based on the 1st and 14th Amendments; ruled unconstitutional
Pennsylvania
HR909
Establishes task force to study violence in the media.
Passed October 2005
Washington
HB 1009
Bans the sale to minors of video games that portray realistic violence towards law enforcement officers.
2003 - Passed and was signed into law by Governor Gregoire
July 2004 - Judge issued an injunction against the law and ruled it unconstitutional
HB 1366
Requires video game retailers to post signs in order to inform customers about the ESRB rating system, as well as to provide this information to consumers upon request.
2005 - Passed and signed into law
Indianapolis, Indiana
City Ordinance
Restricts minor's access to violent video arcade games; requires coin-operated games featuring graphic violence or strong sexual content to have warning labels and be kept at least 10 feet from any nonviolent arcade games.
2001- 7th U. S. Circuit Court of Appeals issued an injunction against the ordinance
Ruled unconstitutional, citing that it "curtails freedom of expression."
St. Louis, Missouri
City Ordinance #20193
Restricts the sale or rental of violent video games to minors; do do so requires parental consent.
2001 - Ordinance passed and upheld originally in the District Court, but the Eighth Circuit Court of Appeals ruled it unconstitutional.
Source: State of Connecticut General Assembly and GameCensorship.com
