FCC targets violence on TV

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A new draft report from the Federal Communications Commission says the government may be able to limit violence on TV in a way that does not violate the U.S. Constitution.

The long-overdue report suggests Congress could craft a law that would let the agency regulate violent programming much like it regulates sexual content and profanity -- by barring it from being aired during hours when children may be watching, for example.

In one instance, at the beginning of the current season of Fox Network's hit show "24," hero Jack Bauer chomped on the neck of the terrorist holding him captive, then spit out the blood and made his escape.

Citing studies, the draft report says there is evidence that violent programming can lead to "short-term aggressive behavior in children," according to an agency source, who asked not to be identified because the commission has not approved the report.

The report also suggests that cable and satellite TV could be subjected to an "a la carte" regime that would let viewers choose their channels.

Requested by Congress, it is sure to alarm executives in the broadcast and cable industry, members of the creative community and First Amendment advocates.

The draft was circulating among the agency's five commissioners, sources said.

A bipartisan group of 39 House members nearly three years ago requested a report by Jan. 1, 2005, discussing whether the FCC could define "exceedingly violent programming that is harmful to children." It also asked whether the agency could regulate such programming "in a constitutional manner."

The FCC's authority is limited to licensed broadcast stations. Content on cable networks that is not available over the airwaves is beyond the agency's reach.

To address cable, the report suggests that Congress could draft legislation that would mandate a "family tier" of programming or a form of channel choice known as a la carte.