FTC: Labels Market Explicit Music to Kids

April 24, 2001 -- Films and video games may be overrun with sex and violence, but a report issued today by the Federal Trade Commission suggests record labels are the "shady" ones of the entertainment industry.

The report said the record industry is not doing enough to stop marketing violent and lewd songs to children.

The FTC's report was a follow-up study on the entertainment industry and its marketing practices after a scathing September 2000 report that accused the entire sector of aggressively marketing violent and sexually explicit films, video games, and music to kids.

FTC chairman Robert Pitofsky said that the follow-up report showed the motion picture and electronic game industries had improved their performance since last September — but he was disappointed with the recording industry.

"Unfortunately, the music industry response, at least so far, has been disappointing in its failure to institute positive reforms to its self-regulatory structure," Pitofsky said in a statement.

Last September's FTC report on the entertainment industry was ordered by former President Bill Clinton after the massacre in April 1999 at Columbine High School in Colorado raised new concerns about the effect of violent entertainment on young people.

The report said all the five major recording companies placed advertising for "explicit-content" music on television programs and magazines with substantial under-17 audiences.

The music industry has been attacked for not providing ratings according to age for the sale of recordings with sexually explicit, homophobic, misogynist, and violent lyrics. Grammy Award-winning rapper Eminem has been held up as the poster boy for such lyrics.

The music industry defended itself against the criticism even before the report was released, saying in a statement overnight that it was impossible to put age restrictions on music.

"Music is unique. For the same reason that there is no rating system for books, the works of musical artists are not rated by age or content specificity — as it is virtually impossible to categorize words," said Hillary Rosen, president of the Recording Industry Association of America.

However, she said the industry supported the clear labeling of explicit material and that it had an effective program in place that was overwhelmingly supported by America's parents.

The report did not propose any specific actions to be taken against the industry, calling rather for self-regulation and pointing out that government intrusion raised important constitutional concerns.

"Because government intrusion in decisions about content raises important First Amendment concerns, self-regulation continues to be the preferred solution to problems in this area," said Pitofsky.

Connecticut Democratic Sen. Joseph Lieberman is expected to introduce a bill later this week aimed at punishing firms that market violent media products to children.

The proposed legislation would target "false and deceptive advertising" of adult-rated films, music, and electronic games to underage audiences, an aide said.

The bill, co-sponsored by Wisconsin Democratic Sen. Herbert Kohl, is likely to face opposition from Hollywood lobbyists who say it amounts to cultural censorship and is contrary to First Amendment rules protecting free speech.

Reuters contributed to this report.