|
Introduction
Mr.
Chairman, Mr. Markey, and members of the Subcommittee, thank you for the
opportunity to appear before you today.
I
am Hilary Rosen, Chairman and CEO of the Recording Industry Association of
America, an association that represents over 600 record companies.
I
welcome this opportunity to provide you with the details of our industry’s
efforts since this Subcommittee’s review last July.
There
are two points that I would like to raise at the outset: (1) the unwavering
commitment of our industry to the success of the Parental Advisory Program; and
(2) my concern that the recording industry’s “marketing practices” have
not been evaluated by the FTC in a manner that fairly takes into account the
specific nature of music and mass advertising that includes to more than one
demographic group at the same time.
The Recording Industry Takes Its
Responsibility Seriously
First, I would like to underscore that the
recording industry takes it responsibility to parents and consumers very
seriously. The Parental Advisory
has been in existence for seventeen years.
We created this program, have guided its development, and are proud of
its impact. Moreover, we value the
respect and trust that we have developed with parents over the years.
I have met personally with each of the major
record companies to review the implementation of our guidelines and we have been
meeting with our retail partners as well. There
is a commitment at every level in the recording industry to the continued
success of the Parental Advisory Program.
We Produce and Market A Diverse Range of
Sounds
The recording industry releases over 36,000
albums each year. The
vast majority of these titles contain no explicit content.
In fact, I would like to note that despite the emphasis at these hearings
on recordings with explicit content, they comprise a relatively small proportion
of our industry’s output. In an
average retail store with 110,000 titles, about 500 will carry the Parental
Advisory logo. That’s less than one-half of one percent of that store’s
total inventory. Moreover, the
overwhelming majority - - if not all - - of the titles that are explicit are
also available in an edited version. Unlike
any other entertainment industry, music lovers have a choice. If a movie is rated “R”, a consumer does not have the
choice to see a “PG” version in the theatre or to purchase it in the store.
When considering advertising of an album, the availability of an edited
version should be taken into account. The
industry is not advertising an explicit album, it is advertising an album
available in two versions.
Let
me now turn to the significant steps we have taken over the last year to ensure
the continued success of the Parental Advisory Program.
The Industry Continues to Strengthen Its
Guidelines
An important aspect of our commitment to the
Program is making sure that it evolves to meet the changing needs of retailers
and parents without compromising the twin principles that guide it: (1) alerting
parents to explicit content; and (2) protecting the First Amendment rights of
artists to free expression.
We recently implemented changes to the guidelines
that accomplish this goal. The
RIAA has published revised guidelines that became effective on April 1, 2002. The guidelines include three new provisions:
-
The
implementation of an “Edited Version” Label on packaging:
If an edited version of an album designated with the Parental
Advisory Label is released, it should include an “Edited Version” Label
plainly displayed either on the front of the album (on the cellophane
wrapper or on the album cover itself), or on the top spine of the CD.
The Edited Version Label is a notice to consumers that an
album has been modified from the original, and does not include all of the
same content contained in the Labeled version.
-
Adoption
of an “Edited Version Also Available” Label in advertising:
If an “edited” version of a recording is available for sale,
consumer print advertising may contain language indicating that fact.
This will be accomplished with the wording “Edited Version Also
Available” placed near the specific album or sound recording that has been
designated with the Label.
-
The
extension of the existing guidelines for print advertising to radio and
television promotions:
In cases where the decision has been made to place a Parental
Advisory Label on a recording, all consumer print, radio, and television
advertising (collectively “consumer advertising”) for that recording
shall communicate the presence of explicit content.
The Recording Industry is Adhering to Its
Guidelines
In February 2001, the FTC issued a report on the
industry’s implementation of its guidelines and gave us a failing grade.
I came before this Committee and indicated that we deserved that failing
grade. I also stated that future
reviews would demonstrate progress. We
have kept our word and have made significant progress.
-
All
of the major record companies have issued internal policy guidelines and
have appointed a senior level employee to ensure full compliance with
the Parental Advisory Program, including the new provisions.
-
According
to the Commission’s February 2001 study: only
8% of print ads in reviewed magazines displayed the PAL.
According to our review of the October and November issues of the
same magazines reviewed by the FTC that number is now nearly 100 percent.
In fact, there was only one add that did not carry the Logo, and the
album in that add is available in an edited version.
-
100
percent of the PAL’s were clearly legible.
-
Additionally, parental
controls have been included on many online subscription services with an
“exclude explicit content” option check box: “Check here if you would
like to exclude tracks from albums that contain a parental advisory logo. A
description of the parental advisory program can be found at http://www.parentalguide.org”
We
Have Continued our Educational Outreach Efforts
Parents overwhelmingly recognize and support the
Parental Advisory Program. All of
the recent surveys on this issue have confirmed that fact. We have not, however, rested on our laurels.
We continue our efforts to raise public awareness about the Parental
Advisory Program.
-
The
RIAA designed and distributes an informational
brochure in English and Spanish for parents and caregivers describing:
-
The
evolution of the Parental Advisory label,
-
How
determinations for its application are made,
-
And
the meaning of the label with suggestions for links to community-service
based organizations.
-
The
RIAA and its members have worked to ensure
“Edited Version Also Available” has been quickly integrated into
the consumer lexicon.
-
The
RIAA have worked on creative methods of distributing
the PAL PSA, including in video
magazines.
-
The
RIAA continues to partner
with the National Association of Recording Merchandisers (NARM)
on many fronts, including updating all parental advisory label displays in
retail stores.
-
Additionally,
we have established a partnership
with the Association for
Independent Music (AFIM) to
further advance our educational outreach efforts.
I am proud of the significant strides we have
made in the last year. We are
committed to continuing to work hard to ensure the Parental Advisory Program
remains successful and a priority for our industry.
Informational Rating Systems Should Reflect
the Nature of Their Respective Industries
Our labeling system is often compared to the
ratings systems in place for the television, motion picture and videogame
industries. While our industries
work together to bring information about our systems to parents through the www.parentalguide.org
website, our systems are very different. And
for good reason. Each system is
designed and has evolved to reflect the media to which it applies.
We think that it would be
unwise and improper to assume that a record label knows what kind of music and
lyrical content is “suitable” for whom.
Like books or poetry, different listeners will take away different
meaning from musical recordings and their lyrics, making a
“one-size-fits-all” determination particularly unsuitable.
Record labels should not be in the business of making assumptions about
the values or maturity levels of their customers.
The purpose of the advisory label is to provide a clear “heads-up” to
all consumers that a sound recording contains explicit content.
Books have no label or rating,
even those that contain explicit content and are marketed directly to children.
Why? Because words are
particularly subject to interpretation and imagination, and most feel that
labeling books is a bad idea. Lyrics
likewise are susceptible to varying interpretations. Words can have different meanings depending on who is hearing
them. We offer alternatives and
trust that consumers will the choice that is best for them.
Moreover, advertising
an album in a publication where a significant percentage of those who see it are
over 17 years of age should not be regarded as intentionally “targeting
children.” Advertising an album
available in two versions to a mixed audience is far different than targeting
kids with explicit material. Yet it
is described in such a manner for purposes of government review.
Conclusion
- - No Regulation is Necessary
In
summary, the recording industry has in place a system that works - one that
reflects the nature of the art form; is being strengthened and promoted; and is
overwhelming supported by America’s parents.
To its credit the Federal Trade Commission has
recognized that the First Amendment precludes government intervention in this
area and that “vigilant self-regulation is the best approach to ensuring that
parents are provided with adequate information to guide their children’s
exposure to entertainment media with violent content.”
We have proven over the last year that
self-regulation is the way to progress. In
the last year, we have seen at the state level that efforts to regulate content
are fraught with danger. Some
states have even imposed criminal penalties for failing to adhere to voluntary
standards. Rather than improving
parent’s access to information, such statutes create a disincentive to
adopting voluntary standards. By
essentially punishing those who adopt voluntary guidelines, the legislation
would have the unintentional result of discouraging participation in the
successful Parental Advisory Program. Fortunately, these statutes have been
challenged in the Courts and ruled unconstitutional.
Without regulation we have strengthened our
guidelines and have seen tremendous improvement in the areas explored by the
FTC. Without regulation, one of our
members has expanded on our voluntary program and now provides content
descriptors. This experiment by BMG
will give us some insight into whether content descriptors will work with music
and whether consumers will find it helpful or confusing.
What
is clear from the debate on the state and national level is that at bottom there
are some people who simply don’t like some types of music.
That is fine. You have the option of listening to and purchasing what you
do like. What we don’t have the
option of doing is silencing some voices based on personal prejudices.
Taking away angry music will not take away angry feelings.
Society and life is more complicated than that.
We are willing to do our part by providing parents and consumers
generally with information and choices in the music.
They must also accept their role in the process.
In
the end, I am proud that the RIAA’s Parental Advisory Program and the balance
we have struck in respecting the free expression of artists while providing
information and choice to consumers.
Thank
you.
|
