More Social, Family, & Housing Policy Plays

Parents' concern over their children's exposure to violent and highly sexual messages and imagery continue to increase as kids consume more media content each day than ever before -- often watching TV shows, listening to music, surfing the Internet and playing video games all at the same time. Not surprisingly, much of this concern has centered on the expansion of graphically violent, sexual, and sometimes misogynistic video games. However, more recent attention has turned to the dangers of online interactions as millions of adolescents flock to social networking web sites like MySpace.com. To help parents in their battle to protect their children, states have ramped up their efforts to keep harmful content and persons away from children.

On the video game front, the Federal Trade Commission (FTC) has reported that research reveals a "high correlation between exposure to media violence and aggressive, and at times violent, behavior" as well as increased acceptance of violent behavior in others and an exaggerated perception of the amount of violence in society. At the same time, there is growing evidence that an increasing number of kids, especially boys, play video games, such as the notorious Grand Theft Auto series that involves the player in simulated homicides and other criminal behavior.

Unfortunately, the FTC and individual state investigations continue to find many examples of retailers selling adult-rated games to minors. Such practices, according to the FTC, have "undermined [the video games industry's] parental advisories and frustrated parents' attempts to protect their children from possibly inappropriate material." In response, lawmakers are beginning to take action to regulate sales, rentals, and marketing.

For states considering such regulation, the key decisions include the breadth of the video games affected, the target of the regulation (i.e., manufacturers, retailers, or both), the type of enforcement mechanism deployed, and constitutional concerns that may arise. This last point is very important to keep in mind. Federal courts have long acknowledged that states and localities may regulate the sale of sexually explicit materials to minors without violating the First Amendment, so long as restrictions are carefully tailored. But this principle has not, so far, been extended to products with violent or otherwise antisocial content. The current wave of new state laws regulating video game sales and advertising, while raising public awareness of the issue, has lead to legal challenges, and only two laws (Washington and Georgia) have held up to constitutional challenges.

"Violent and sexually explicit video games are a danger to our children, and as the mother of three and the governor of three million, I believe strongly that we must take action." -- Gov. Jennifer Granholm, Michigan

In Washington, Gov. Christine Gregoire signed legislation that requires video game retailers to post signs in prominent locations informing consumers of the nationally recognized industry rating system for games, and to provide further information about ratings to customers on request.

Similarly, in Georgia, legislation sponsored by Democratic Rep. Doug Stoner that requires video game retailers to display signs explaining the industry's rating system, and to provide further details about ratings on request. It was signed and enacted by the governor in May 2005. It differs from the Washington law in that it requires posting the actual rating system.

In Illinois, Gov. Rod Blagojevich signed a law in July 2005 that would prohibit the sale or rental of violent or sexually explicit video games to minors, with sanctions including fines up to $1,000. The legislation left it to retailers to determine which games are too violent or sexually explicit for minors. In December 2005, The U.S. District Court ruled the law unconstitutional citing a violation of free expression and a lack of evidence showing a causal connection between playing video games and violent tendencies in children.

In Michigan Democratic Rep. Hansen Clarke sponsored a bill that banned the sale of adult-themed video games to minors. The bill imposed tough sanctions including imprisonment for up to 93 days and/or $25,000 in fines. Gov. Jennifer Granholm signed the bill into law in September 2005, but the U.S. District Court overturned the law on a ruling similar to the Illinois law.

On the federal level, Senators Hillary Clinton (D-NY) and Joseph Lieberman (D-CT) introduced a bill (S.2126) in the Senate in 2005 to impose fines and community service on businesses that sell adult-rated games to minors. A similar bill was introduced in the House by Rep. Jim Matheson (D-Utah) in May 2006. While these bills have not come up for debate, Clinton and Lieberman also introduced a bipartisan bill (S.1902) in October 2005 that would establish a research program at the Center for Diseases Control to study the effects of all electronic media -- television, music, video games and the Internet -- on the development of children.

Although traditional media, like television and video games remain popular, children are spending an increasing amount of time in the online world -- interacting with friends, creating their own web pages, blogging, joining online groups and meeting new people. Unfortunately, they also are encountering lots of adult content and, in some cases, online child predators. As traditional media converges on the web and newer technologies make it easier for children to access online content, state and local officials are beginning to take action to make the Internet safer for children.

One way to meet the challenge is to educate kids to be media literate, while giving parents better tools to monitor their children's media consumption. Teaching children how to safely and constructively use the Internet is the focus of a new law signed this year by Virginia Gov. Tim Kaine, which mandates that all public schools instruct students on Internet safety. This comes in response to concerns over vulnerabilities to predators on social networking sites like MySpace.com. The law hopes to protect children not only at school, but also at home, where they may not have the protection of Internet filtering software. The law is not expected to cost the state anything since librarians are already well trained in Internet education. Legislators explained that the law will help parents by giving children professional guidance on this issue. Each school district will be able to design its own curriculum, which will be part of a comprehensive Internet plan, including filtering programs already used by schools.

In Kansas, Governor Kathleen Sebelius has created an online tool kit for parents. The site, parenttools.ks.gov, provides information parents and families need to make informed decisions about what their children should watch and listen to. Among the resources provided are links to organizations that review movies for foul language, violence, or other questionable content. There are similar guides for TV shows and video games. Parents may also download free Internet filtering software from the site and get instructions on how to activate parental controls.

Finally, several attorneys general, including Connecticut Attorney General Richard Blumenthal, have called upon social networking sites like MySpace.com to beef up safety measures to better protect youth. The attorneys general have argued for higher age limits for access to the sites; stronger age verification, monitoring and screening of sexually explicit material; free and easy to find blocking software for parents; as well as other safety precautions. Most recently a group of eight attorneys general demanded for the release of screen name and user information of known sex offenders. Because of their pressure, MySpace agreed to turn over information on thousands of sex offenders it kicked off the site. North Carolina Attorney General Roy Cooper, has called for additional measures in his proposed legislation that would require parental sign-off for minors to register with MySpace and other social networking sites. This bill would also increase the penalties for sex offenders that visit the sites and interact with minors, broaden the definition of child pornography and require site managers to alert authorities when they encounter child pornography.

Resources For Action

The Beehive
Resources on Internet Safety
http://www.thebeehive.org/Templates/Computer
Support/InternetNoRight.aspx?PageId=1.890.11426
&HideChildLinks=0&Local=1&Lang=1

Safeguarding the Wired Schoolhouse
www.safewiredschools.org/

Smart Families, Safe Kids
www.parenttools.ks.gov

Illinois House Bill 4023, 2005
www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=
50&GA=94&DocTypeId=HB&DocNum=4023&GAID=8&
LegID=20889

Georgia Senate Bill 106, 2005
www.legis.state.ga.us/legis/2005_06/fulltext/sb106.htm

North Carolina Senate Bill 138, 2007
http://www.ncleg.net/gascripts/BillLookUp/Bill
LookUp.pl?Session=2007&BillID=s132

Additional Reading

Michele Stockwell, "Childhood for Sale: Consumer Culture's Bid for Our Kids," Progressive Policy Institute, August 4, 2005. http://www.ppionline.org/ppi_ci.cfm?knlgAreaID=114&subsecID=144
&contentID=253497

Barbara Dafoe Whitehead, "Closing the Parent Gap," Progressive Policy Institute, April 8, 2005 www.iema.org

"Fact Sheet: Children and Media Violence," National Institute on Media and the Family, February 27, 2002
www.mediafamily.org/facts/facts_vlent.shtml

Tenth Annual Mediawise Video Game Report Card," National Institute on Media and the Family, November 29, 2005
www.mediawise.org/research/report_vgrc_2005.shtml

Contacts

Laurie Dolan
Policy Office Director
Office of Christine Gregoire
Office of the Governor. P.O. Box 40002
Olympia, WA 98504-0002
(360) 902-4111
www.governor.wa.gov

Matt Summy
Deputy Chief of Staff
Office of Rod Blagojevich
Office of the Governor. 207 State House
Springfield, IL 62706
(312)814-2121
www.illinois.gov/gov

Jason D. Newman
State and Local Policy Director
Democratic Leadership Council
600 Pennsylvania Ave SE, Suite 400
Washington, DC 20003
(202) 546-0007
jnewman@dlc.org