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Ad Groups Urge FCC Not to Rate/Block TV Ads



by Manatt, Phelps & Phillips, LLP View Firm Credentials
Los Angeles Office

June 25, 2009

Previously published on June 5, 2009

In comments filed with the Federal Communications Commission, a group of advertising trade groups is objecting to a proposal to extend the V-Chip rating system to ads as well as programming content.

The V-Chip is a parental control device that is required by law to be included in most televisions. Through a voluntary system called “TV Parental Guidelines,” the broadcast industry rates programs with sexual or violent content. These ratings appear on the screen for the first 15 seconds of a show and, through the V-Chip, permit parents to block selected programs.

In a response to an FCC notice of inquiry examining whether to apply the V-Chip rating system to ads, the Association of National Advertisers, the American Association of Advertising Agencies, and the American Advertising Federation have filed comments arguing that such an extension is unnecessary, would be a practical and administrative nightmare, goes beyond congressional intent, and would undermine the economic viability of much programming.

According to the comments, when Congress called on the FCC to examine rating and blocking issues, it specifically admonished the agency not to include in its report parental control technologies that “affect the packaging or pricing of content.” In the current economy, the last thing the FCC should consider is a speculative regulatory regime that would seek to target and eliminate advertising, the groups wrote.

“(T)he growth and diversity of market-based options should lead the Commission to conclude that the V-Chip is unsuited to be revamped to become a universal solution to blocking all types of content that individuals may prefer to avoid. Instead, the diverse technologies and strategies are a positive development that permits parents to choose the approach that best meets their needs,” the comments continued.

The FCC can best assist consumers by promoting media education and by focusing on specific ways to inform parents of strategies they might employ in making family media choices, the groups wrote. “Such an approach would best serve parents’ needs while avoiding the bureaucratic burdens and constitutional confrontation that would come with more regulatory approaches to this issue.”

Why it matters: According to the ad groups, Congress never intended that the V-Chip rating system be extended to advertising, given the difficulties it would create in packaging and pricing content. Moreover, such a regime would create practical and administrative problems for marketers and broadcasters alike. Anyone who is potentially affected by this proposal can get more information from the press release “Commission Implements Child Safe Viewing Act by Seeking Comment on Parental Control Technologies for Video or Audio Programming,” on the FCC Web site.



 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.


 

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