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SENATORS LIKELY TO FOCUS INDECENCY CONCERNS ON MUSIC FIRST

While some members of Congress share FCC Comr. Copps’ view that indecency in media is problem, broadcast indecency isn’t likely to be first “cultural issue” new session addresses. Senate sources told us music lyrics still were viewed as most offensive element in media and probably would be first issue to receive hearing in Senate Commerce Committee. Sources told us senators who were most interested in cultural issues viewed Copps as their ally on Commission. While music lyrics are regarded by some as first priority, some senators still have problems with amount of violent and sexual content on TV and there will be more pressure from Congress on that issue, we're told.

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Copps raised issue Nov. 21, day after The Victoria’s Secret Fashion Show on CBS, when he showed reporters hundreds of e-mail complaints about program (CD Nov 22 p1). He said Commission should change definition of indecency to include violence. Copps frequently has raised questions about FCC’s resolve to enforce indecency, saying it “goes right to the heart of our public interest responsibility.” Yet Powell hasn’t agreed with Copps that Commission lacks enforcement presence, which resulted in public spat in Oct. 10 meeting (CD Oct 11 p4). Also, during Senate confirmation hearing, Powell said TV violence had to be approached from “higher level,” since it involved First Amendment issues. He told Sen. Brownback (R-Kan.) he was uncomfortable with FCC acting on issue because it would reflect only judgment values of 5 FCC commissioners. He said changes in indecency standard should come through Congress because of its broader representation of U.S.

Music lyrics have drawn most criticism from members after FTC said music industry had made little effort to avoid marketing violent content to teens, staffer of Senate Commerce Committee member told us. June 28 FTC report said music industry continued to advertise music with explicit content on TV and in magazines popular with teens. Although there have been some improvements in music industry, report said, labels still don’t detail what is explicit about recording. Report was based on 3rd study conducted by FTC since 2000, when that agency was instructed by President Clinton to study media violence after Columbine school shooting. Staffer told us many members who had concerns with indecent content frequently cited FTC’s studies.

FTC Comr. Orson Swindle said in concurring statement to report that entertainment industries generally were continuing to market violent content to children and there was limit to what govt. could do. “What becomes clear as we continue with our series of reports is that if the public wants a change in these marketing practices, the public must demand that change and express its wishes in the currency of the marketplace,” Swindle said.

Brownback and other members have been meeting with company executives to discuss issue of violence and indecency in media, source told us. Most executives have been prominent product advertisers and members are urging them to raise their advertising standards for some shows, source said. However, advertisers reply that programs are becoming more indecent and they must lower their standards if they're to continue to reach target audiences, source said. Corporate executives are more eager to voice concern about violence then sexual content, source said: “They're more skittish about sex.” Source didn’t know whether broadcasters or cable executives had attended meetings.

Other senators most interested in cultural issues include McCain (R-Ariz.), Hollings (D-S.C.), Lieberman (D- Conn.), Sessions (R-Ala.), Kyl (R-Ariz.), Santorum (R-Pa.), Fitzgerald (R-O.) and Dorgan (D-N.D.) Reps. Wolf (R-Va.) and Pitts (R-Pa.) were among House members who have showed interest, sources said. Staff dir. of Senate Republican Conference said incoming Sen. Jim Talent (R-Mo.) also had shown interest in cultural issues. Senate staffer told us McCain’s interest in issue makes hearing more likely. However, McCain has raised questions about FCC’s role in determining what was violent content. In Oct. 2000, he abstained from committee vote that would have established “safe harbor” from violence during family hour and said determining what was violent content would require “Federal Bureau of Censorship, an agency that does not, and probably cannot, exist under our present Constitution.” Safe harbor measure was sponsored by Hollings.

While issue usually is associated with conservative Christian Republicans, source said several Democrats generally supported controls, most notably Lieberman and Hollings. Common ground between Republicans and Democrats often is found in science. While some senators have issues with morality of showing violence on TV, they make their argument with studies that show harmful health effects, Senate staffer said. “The 6 most prominent and prestigious health organizations in the country -- including the Academy of Family Physicians -- all signed a consensus document detailing the ways in which violent entertainment can cause harm to children,” Brownback said: “In fact, many studies -- including ones that followed children from age 8 until the mid-30s -- have demonstrated a link between early exposure to entertainment violent and aggressive attitudes, values and behaviors, including increased levels of violent crime against others. This has a serious affect not only on those children, but on society as a whole.”