Order Code 97-43 SPR
Updated December 4, 2002
CRS Report for Congress
Received through the CRS Web
V-Chip and TV Ratings: Helping Parents
Supervise Their Children’s Television Viewing
Marcia S. Smith
Specialist in Aerospace and Telecommunications Policy
Resources, Science, and Industry Division
Summary
To assist parents in supervising the television viewing habits of their children,
Congress included a provision in the Telecommunications Act of 1996 (P.L. 104-104)
that new television sets with screens 13 inches or larger sold in the United States be
equipped with a “V-chip” to screen out objectionable programming. As of January 1,
2000, all such TV sets must have a V-chip. Use of the V-chip by parents is optional.
In March 1998, the Federal Communications Commission approved a ratings system
that had been developed by the television industry to rate each program’s content, which
enables the V-chip to work. Congress and the FCC have been monitoring
implementation of the V-chip. Some are concerned that it is not effective in curbing the
amount of TV violence viewed by children and want further legislation. Two bills were
introduced in the 107th Congress (S. 341, Hollings; H.R. 1005, Shows) to require a study
of the V-chip’s effectiveness, and, if it was found not effective in curbing children’s
viewing of TV violence, it would have created a “safe harbor” time period when violent
programming could not be telecast. There was no action on either bill. This report will
not be updated.
Requirement for a V-chip. Section 551 of the Telecommunications Act of 1996
(P.L. 104-104, February 8, 1996) requires that all new television sets with a picture
screen 13 inches or greater (measured diagonally) sold in the United States be equipped
with a device that can block certain television programming. Dubbed the “V-chip” for
“violence chip,” the intent is to give parents more control over what their children see on
television. On March 12, 1998, the Federal Communications Commission (FCC) set
January 1, 2000 as the date by which V-chips must be installed in such TV sets. The FCC
also adopted technical standards for the V-chip and approved the industry-developed
ratings system (see below) that enables the V-chip to work Some companies plan to
offer devices that can work with existing TV sets.
The V-chip is a computer chip that reads an electronic code transmitted with the
television signal (cable or broadcast) indicating how a program is rated. Using a remote
control, parents can enter a password and then program into the television set which
ratings are acceptable and which are unacceptable. The chip automatically blocks the
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display of any programs deemed unacceptable. The ratings data are sent on line 21 of the
Vertical Blanking Interval found in the National Television System Committee (NTSC)
signals used for U.S. television broadcasting. Use of the V-chip by parents is entirely
optional.
Establishing a Ratings System. The first step in implementing the law was
creating a ratings system for television programs, somewhat similar to how movies have
been rated since 1968 by the Motion Picture Association of America (MPAA). The law
urged the television industry to develop a voluntary ratings system acceptable to the FCC,
and the rules for transmitting the rating, within one year of enactment. Although the “V”
is for violence, the ratings system actually is intended to reflect “sexual, violent or other
indecent material about which parents should be informed before it is displayed to
children, provided that nothing in this paragraph should be construed to authorize any
rating of video programming on the basis of its political or religious content” [section
551(b)(1)].
After initial opposition, media and entertainment industry executives met with
President Clinton on February 29, 1996, and agreed to develop the ratings system because
of political pressure to do so. Many in the television industry have been opposed to the
V-chip, fearing that it will reduce viewership and hurt advertising. They also question
whether it violates the First Amendment. Industry executives said they would not
challenge the law immediately, but left the option open for the future (the law provides
for expedited judicial review).
Beginning in March 1996, a group of television industry executives1 under the
leadership of Jack Valenti, President of the MPAA (who created the movie ratings), met
to develop a TV ratings system. On December 19, 1996, the group proposed six age-
based ratings (TV-Y, TV-Y7, TV-G, TV-PG, TV-14 and TV-M) including text
explanations of what each represented in terms of program content. In January 1997, the
ratings began appearing in the upper left-hand corner of TV screens for 15 seconds at the
beginning of programs, and were published in some television guides. Thus, the ratings
system was used even before V-chips were installed in new TV sets. News shows and
sports are not rated (the Valenti group does not consider talk shows or programs about
show business and reports on public figures and other issues of general interest to be
news). All other programs are rated by the broadcast and cable networks and producers
of programs. Local broadcast affiliates can override the rating given a particular show.
Critics of the December 1996 proposal, including some Members of Congress and
groups such as the National Parent-Teacher Association, argued that the ratings provided
no information on why a particular program received a certain rating. Some advocated
an “S-V-L” system (sex, violence, language) to indicate with letters why a program got
a particular rating, possibly with a numeric indicator or jointly with an age-based rating.
Another alternative was the Home Box Office/Showtime system of ten ratings such as
MV (mild violence), V (violence), and GV (graphic violence). Critics also argued that
1 The group included the national broadcast networks; independent, affiliated and public
television stations; cable programmers; producers and distributors of cable programming;
entertainment and movie studios; and members of the guilds representing writers, directors,
producers and actors.
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having industry rate its own programming lacked credibility. Mr. Valenti countered there
is no practical alternative to rating approximately 2,000 hours of programming per day.
The Current “S-V-L-D” Ratings System. In response to the criticism, most of
the television industry agreed to a revised ratings system (see box) on July 10, 1997, that
went into effect October 1, 1997. The revised ratings system adds designators that
indicate whether a program received a particular rating because of sex (S), violence (V),
language (L), or suggestive dialogue (D). A designator for fantasy violence (FV) was
added for
U.S. TELEVISION INDUSTRY’S REVISED TV RATINGS SYSTEM
The following categories apply to programs designed solely for children:
TV-Y:
All Children.
This program is designed to be appropriate for all children. Whether animated
or live-action, the themes and elements in this program are specifically designed for a very
young audience, including children from ages 2-6. This program is not expected to frighten
younger children.
TV-Y7:
Directed to Older Children.
This program is designed for children age 7 and above. It may
be 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 violence 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 in other programs in this category, such programs will be designated TV-Y7-
FV.
The following categories apply to programs designed for the entire audience:
TV-G:
General Audience.
Most parents would find this program suitable for all ages. Although this
rating does not signify a program designed specifically for children, most parents may let
younger children watch this program unattended. It contains little or no violence, no strong
language and little or no sexual dialogue or situations.
TV-PG:
Parental Guidance Suggested.
This program contains material that parents may find unsuitable
for younger children. Many parents may want to watch it with their younger children. The
theme itself may call for parental guidance and/or the program contains one or more of the
following: moderate violence (V), some sexual situations (S), infrequent coarse language (L),
or some suggestive dialogue (D).
TV-14:
Parents Strongly Cautioned.
This program contains some material that many parents would
find unsuitable for children under 14 years of age. Parents are strongly urged to exercise
greater care in monitoring this program and are cautioned against letting children under the age
of 14 watch unattended. This program contains one or more of the following: intense violence
(V), intense sexual situations (S), strong coarse language (L), or intensely suggestive dialogue
(D).
TV-MA: Mature Audience Only.
This program is specifically designed to be viewed by adults and
therefore may be unsuitable for children under 17. This program contains one or more of the
following: graphic violence (V), explicit sexual activity (S), or crude indecent language (L).
Source: Letter to the Federal Communications Commission submitting proposed rating system revision,
August 1, 1997. (Signed by the presidents of the Motion Picture Association of America, National Cable
Television Association, and National Association of Broadcasters).
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children’s programming in the TV-Y7 category. On March 12, 1998, the FCC approved
the revised ratings system, along with V-chip technical standards, and the effective date
for installing them (discussed earlier).
In May 1999, the FCC created a V-chip Task Force, chaired by then-Commissioner
Gloria Tristani. Among other things, the task force was charged with ensuring that the
blocking technology is available and that ratings are being transmitted (“encoded”) with
TV programs; educating parents about V-chip; and gathering information on the
availability, usage, and effectiveness of the V-chip. The task force issued several reports
and surveys [www.fcc.gov/vchip]. A February 2000 task force survey found that most
broadcast, cable, and premium cable networks, and syndicators, were transmitting ratings
(“encoding”) and those that were not either planned to do so in the near future or were
exempt sports or news networks. Of the major broadcast networks, according to the
survey, only NBC does not use the S-V-L-D indicators, using the original ratings system
instead. One problem impacting V-chip’s effectiveness is that not all parents are aware
of it. Commissioner Tristani noted in April 2000 that only 39% of parents have heard of
V-chip and called on the major networks to educate parents about it.
Action in the 105th and 106th Congresses. During the 105th Congress, the
Senate Commerce Committee held a hearing on this topic on February 27, 1997. Three
bills were introduced. S. 363 (Hollings) and H.R. 910 (Markey), often called the “safe
harbor” bills, would have prohibited violent programming from being shown (with some
exceptions) during hours when children comprise a substantial portion of the audience
unless it could be screened out by a V-chip specifically on the basis of its violence. The
Hollings bill was reported from the Senate Commerce Committee (S.Rept. 105-89). S.
409 (Coats) would have required broadcast television stations to use a content-based
ratings system as a condition of obtaining or renewing their licenses.
In the summer of 1997, as debate was underway about modifying the ratings system
to add the S-V-L-D designators, TV and entertainment industry representatives were
concerned that Congress would attempt to pass further legislation even if they agreed to
the modifications. The industry sought and was given assurances by many of the
principal House and Senate critics that Congress would not move on such legislation for
a period of time if the modified ratings were adopted. In a July 3, 1997, “Dear
Colleague”letter, Senators Lott, McCain, Hatch, and others said there should be “a
substantial period of governmental forebearance during which further legislation or
regulation concerning television ratings, content or schedule should be set aside.” A July
7, 1997, letter to key industry leaders signed by Representatives Markey, Burton, Moran,
and Spratt expressed the same sentiment but more precisely set the moratorium as 3 years
beginning October 1, 1997, the date that the new ratings system went into effect. The
moratorium thus has expired. Some key Senators never agreed to the moratorium,
including Senator Hollings, who has continued his attempts to win passage of a safe
harbor bill.
In the 106th Congress, Senator Hollings introduced S. 876 on April 26, 1999 to make
it unlawful to distribute to the public any violent video programming during hours when
children are reasonably likely to comprise a substantial portion of the audience, thereby
establishing a “safe harbor.” As introduced, the bill would have required the FCC to
define that time period and the term “violent video programming.” Premium and pay-
per-view cable programming would be exempted and the FCC could also exempt other
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programing such as news and sports. The FCC would take into account whether a
licensee has complied with the bill when determining whether to renew the license. The
bill as introduced did not mention V-chip.
On May 13, 1999, Senator Hollings offered the text of the bill as an amendment to
the juvenile justice bill (S. 254), but it was rejected (60-39). On May 18, 1999, a
hearing was held by the Senate Commerce Committee. With the 3-year moratorium at
an end and concern about TV violence undiminished, the Senate Commerce Committee
reported out a revised version of S. 876 on October 26, 2000 (S.Rept. 106-509). There
was no further action on the bill. It has been reintroduced in the 107th Congress and is
discussed below.
107th Congress. On February 15, 2001, Senator Hollings introduced S. 341,
which is the same as S. 876, as reported, from the 106th Congress. Representative Shows
introduced a House companion, H.R. 1005. There was no action on either bill during the
107th Congress.
The legislation would have required the FCC to define the terms “hours when
children are reasonably likely to comprise a substantial portion of the audience” and
“violent video programming.” Guidance was provided on the latter definition.
Furthermore, the legislation would have —
! Required the FCC to report to Congress on the effectiveness of the V-
chip and the ratings system in protecting children from TV violence. If
the FCC found they are not sufficiently effective, it would have had to
initiate a rulemaking to prohibit the distribution of violent video
programming during hours when children are reasonably likely to
comprise a substantial portion of the audience.
! Made it unlawful to distribute to the public violent TV programming that
was not blockable by the V-chip specifically on the basis of its violent
content during hours when children are reasonably likely to comprise a
substantial portion of the audience. (This meant that the programming
would have to be encoded with a “V” designator, which NBC, for
example, currently does not use.) The FCC
could exempt certain
programming such as news and sports, and
must exempt premium and
pay-per-view cable and satellite programming.
Other Countries. Violence on television is not unique to the United States, and
other countries also have debated the V-chip concept. The V-chip is often said to have
been invented in Canada.2 The Action Group on Violence on Television (AGVOT) was
charged by the Canadian Radio-television and Telecommunications Commission (CRTC)
with developing a nationwide ratings system. AGVOT tested one during 1996 in which
each program had a four-digit rating indicating a level of 0-5 for age, and for violent,
language and sexual content. For example, a program rated 3234 would indicate age level
3 (adult 16+), violence level 2 (mild), language level 3 (coarse), and sexuality level 4 (full
nudity). AGVOT withdrew this experimental system in December 1996 because of
2 A history of Canada’s interest in reducing violence on television and the V-chip can be found
at the following World Wide Web site: [http://www.crtc.gc.ca/eng/info_sht/tv1e.htm].
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technical problems and difficulty in deciding how to rate certain programs. Others in
Canada complained that it was too complicated, or that the Canadian system should be
compatible with the one used in the United States since so much U.S. TV programming
is seen in Canada. In April 1997, AGVOT proposed a new system that is quite similar
to the Valenti group’s original proposal except that it adds a category for exempt
programming. CRTC adopted the ratings on June 18, 1997. The Canadian TV Ratings
(CTR) are: CTR-E (exempt, including news, sports, documentaries, talk shows, other
informational programming, music videos, variety); CTR-C (for children 8 and younger);
CTR-8+ (for children over 8); CTR-FAM (family viewing); CTS-PA (parental guidance);
CTR-14+ (for those over 14); and CTR-18+ (for adults). Each is accompanied by text
explaining what the rating indicates, especially in terms of violence.
Canada’s implementation of the V-chip proceeded more slowly than anticipated. In
March 1996, CRTC had directed the broadcast industry to encode programs with ratings
beginning on September 6, 1996. By January 1997, television distributors and cable
companies were to ensure that foreign signals they broadcast also were encoded (70% of
Canada’s television programming originates in the United States). CRTC postponed
these dates in October 1996, however, with rating and encoding to be in effect for the fall
1997 season and the foreign signal requirement extended until September 1997. The
ratings system went into effect for English-language and specialty programming on
September 29, 1997. French-language and premium programming will continue to use
their own established ratings systems.
Other countries also have looked at the issue. European Union culture ministers
debated the issue following a call from the European Parliament to institute a V-chip
requirement, but the EC Council decided instead to study the matter further. Australia
announced new censorship controls following the Port Arthur massacre in April 1996
where 35 people were killed. The massacre sparked a debate about violence on television
and in the entertainment industry. Among the new controls is a V-chip requirement in
new television sets.
Conclusion. The effect of television violence on society, especially children, has
been long debated (see CRS Report RL30037,
Television Violence: An Overview of the
Issue and Actions Taken By Congress, the Clinton Administration, and the Television
Industry). What effect the V-chip will have is controversial. Supporters claim that since
television producers will want their shows to be viewed in as many households as
possible, they will reduce the level of violence in the programs. Critics complain that
television will become lackluster. Others assert that if one violent scene will earn a
program a bad rating, then producers will feel free to have more violence in any program
since it will be blocked anyway, hence increasing the overall violence level. Others argue
that many older children will be able to defeat the password-protected system and change
what their parents have programmed. Or they could watch a smaller than 13-inch TV set.
Virtually everyone agrees that the V-chip is no panacea. Ultimately, parents must
take responsibility for their children’s viewing habits. TV ratings and the V-chip are
merely tools to assist them.