Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

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Thursday, June 21, 2007

Regulating Violence on TV

Adam Thierer, Progress & Freedom Foundation, has published "The RIght Way to Regulate Violent TV." Here is the abstract.

Use of the wide variety of available technological controls, household media rules and other private sector efforts are a much better alternative to government regulation to address concerns about children's exposure to violence on television. Lawmakers should be wary of policies that could be struck down in court as unconstitutional, considering recent decisions that have ruled in favor of a least restrictive alternative and away from broad, government-imposed censorship.

Numerous tools and methods, both technical and non-technical, which can be used to control what media content children are exposed to in the home, include private ratings systems, V-chips, personal video recorders, controls provided by cable and satellite providers, and formal or informal household media consumption rules.

Concerned parents and others can work with third parties to gather information and even work within the media marketplace to influence what fare is shown on broadcast and cable television, by making use of ratings and reviews provided by independent organizations and the many educational efforts aimed at teaching adults about parental controls available for all types of media, including television, movies and games.

But if, for whatever reason, some parents are not taking advantage of these tools and options, their inaction should not be used to justify government regulation of programming as a surrogate for household/parental choice.

Download the entire article from SSRN here.

http://lawprofessors.typepad.com/media_law_prof_blog/2007/06/regulating-viol.html

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