Children’s Television Act Comes Under Scrutiny

Enacted in 1990, the Children’s Television Act was intended to ensure that kids in America received content that fulfilled their educational needs. A key  part of the legislation was that free-to-air stations provide at least three hours per week of core educational content—a condition that seemed ample at the time when Saturday morning kids’ television on the broadcast networks reigned supreme. Almost 20 years later, the landscape for kids is a far different one. Disney Channel, Nickelodeon and Cartoon Network have become the primary destinations for young ones, and the Internet, mobile phones and video games are taking up more and more of kids’ time every day.

Against this new backdrop, the U.S. Senate Committee on Commerce, Science and Transportation last week held a hearing on Rethinking the Children’s Television Act for a Digital Media Age. Opening the hearing, the committee chairman, Senator Jay Rockefeller, noted that the Act needs to be updated to suit "a world where televisions are only part of the media mix. A world where the television screen is fast fusing with the computer screen. Where cable channels have multiplied and young people view programming over their mobile phones."

Rockefeller continued: “The way I see it, there are two needs here. First, there is a need to provide quality media content for children. Second, there is a need to protect our children from harmful content. To provide and protect. We must have both. This is what the Committee would like to explore. How well the Children’s Television Act has worked, and how it can be updated to reflect the new digital media market. If we value what our children read, see and hear, we need to hold discussions like this. If we respect parents and their need for tools to help monitor their children’s viewing, we need to hold discussions like this. And if we believe there is some content that is simply not suitable for children, we need to hold discussions like this.”

In addressing the committee, Julius Genachowski, the new chairman of the Federal Communications Commission (FCC), cited the changes in the landscape since the Children’s Television Act was enacted in 1990, including the increasing market share of multichannel TV and the increased time spent by kids on the Internet, video games and mobiles. "The bottom line is that 20 years ago, parents worried about one or two TV sets in the house. Today, parents worry not only about the TV in the den, but about the computer in the kitchen, the gaming console in the basement, and the mobile phones in their kids’ pockets."

In considering how to update the Children’s Television Act, Genachowski continued, issues that need to be explored include the quantity and quality of educational programming currently available; the capability of new digital technologies to better inform parental choices; the state of advertising in kids’ TV; and the new concerns presented by emerging technologies.

Genachowski added that he has instructed the FCC to begin an inquiry into how the organization "can best protect children and empower parents in the digital age…. The inquiry will address both new concerns and new opportunities presented by the changing digital media world. And it will be a resource for Congress as it examines these issues."

The FCC’s inquiry will address advertising in kids’ programming. At present, both broadcast and cable networks are limited to no more than 10.5 minutes per hour of advertising in children’s programs on weekends and no more than 12 minutes per hour on weekdays. "Video content for our nation’s children should treat them as such and not as ‘Little Consumers,’" Genachowski said. "Guarding against inappropriate marketing to children is as vital today as it was 20 years ago when Congress limited commercial advertising to kids through the Act."

In his address, Gary Knell, the president and CEO of Sesame Workshop, urged Congress to adopt a "Children’s Media Act that modernizes the intent of the law and reflects on how children today are using digital media well beyond just the television set."

Knell went on to call for incentives to be put in place to encourage the creation of more educational content across platforms. He wants a greater focus on the issue of childhood obesity and suggested the adoption of a uniform nutrition standard. He also encouraged broadcasters to do more to ensure that unhealthy food advertising is significantly reduced.

Cyma Zarghami, the president of Nickelodeon and MTVN Kids and Family Group, meanwhile, stressed that government assistance is not necessary for kids’ broadcasters to deliver educational, safe content for kids. "Importantly, children‘s content has flourished on cable and satellite television, as well as on these technologies, precisely because the marketplace has largely been free of government interference."

Zarghami continued: "While all of our kids’ channels abide by the commercial time limits imposed by the Children‘s Television Act, these advertisements subsidize the programming on Noggin and Nick Jr., making it possible for us to provide these unique services. Ad revenues also serve as an important source of funding for our long-standing commitment to public service."

She pointed to Nick’s pro-social efforts as well as its content for older kids. In conclusion, Zarghami said: "Nickelodeon has grown from a single channel to four networks plus distribution on the Internet, mobile phones, video-on-demand and elsewhere all without any government mandate. No rule or regulation ever compelled us to invest in this incredible array of children’s programming. In fact, the light regulatory touch that the government has relied on for cable and satellite channels has produced the incredible competition and options that we see today. As technology has changed, along with children’s viewing habits, the Federal Communications Commission has responded by updating its commercial time limitation rules to ensure that the essential protections of the Children‘s Television Act are honored. Beyond that, however, we urge the Committee to recognize how competitive the children’s programming market is today, and to continue to let us develop new and innovative ways to educate and entertain children without additional regulation."

The committee also heard testimony from Dr. Sandra Calvert, the director of the Children’s Digital Media Center at Georgetown University; John Lawson, the executive VP at ION Media Networks; and James Steyer, the CEO of Common Sense Media.