In the Matter of ) ) Empowering Parents and Protecting ) MB Docket No
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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ____________________________________ ) In the Matter of ) ) Empowering Parents and Protecting ) MB Docket No. 09-194 Children in an Evolving Media Landscape ) ) Children’s Television Obligations of ) MB Docket 00-167 Digital Television Broadcasters ) ) ____________________________________) REPLY COMMENTS OF THE WALT DISNEY COMPANY TABLE OF CONTENTS EXECUTIVE SUMMARY……….…………………………………………………………………ii I. DISNEY PROVIDES A WIDE DIVERSITY OF ENRICHING AND ENGAGING CHILDREN’S VIDEO CONTENT ............................................................................................3 A. Disney Channel........................................................................................................4 B. Disney XD...............................................................................................................6 C. ABC-Owned Television Stations .............................................................................8 II. DISNEY INFORMS AND EDUCATES PARENTS AND CHILDREN ON A VARIETY OF SUBJECTS, BOTH ON AIR AND OFF ..............................................................................12 A. Disney educates families about the benefits and responsibilities of using the Internet....................................................................................................13 B. Disney provides parents and children with the tools to make nutritional and healthy food choices......................................................................14 C. Disney’s programming includes a number of pro-social messages.......................17 D. The ABC-Owned Television Stations’ pro-social initiatives extend well-beyond programming.....................................................................................18 III. DISNEY SUPPORTS THE PARENTAL RATINGS SYSTEM AS THE ONLY RATING SYSTEM THAT SHOULD BE CARRIED BY PROGRAMMERS...................................19 A. Disney has implemented stringent practices and procedures to ensure that its programming receives an appropriate Parental Rating.....................................................................................................................20 B. Programmers should not be required to use ratings placed on shows by another entity .........................................................................................23 IV. DISNEY TAKES CARE IN THE ACCEPTANCE AND PLACEMENT OF ADVERTISING AND OTHER COMMERCIAL MESSAGES IN CHILDREN’S PROGRAMMING AND NO ADDITIONAL REGULATIONS ARE WARRANTED OR SUSTAINABLE ...............................................................................................................25 V. D ISNEY TAKES A HOLISTIC APPROACH TOWARDS ENSURING ONLINE SAFETY, FROM EDUCATIONAL EFFORTS TO DESIGNING SAFE ONLINE PRODUCTS ..........................................................................................................................28 VI. A FINAL NOTE ON AUTHORITY AND FIRST AMENDMENT.................................................31 VII. CONCLUSION .....................................................................................................................32 i EXECUTIVE SUMMARY The Walt Disney Company (“Disney”) respectfully submits these reply comments (“Reply Comments”) in the instant proceeding in which the Federal Communications Commission (“FCC” or “Commission”) is seeking comment on the best means to empower parents to take advantage of the benefits of the multitude of media platforms available in today’s digital marketplace. As the pre-eminent provider of high- quality family entertainment, Disney has been, and will always be, working to achieve the FCC’s twin goals of empowering parents and protecting children in the ever-evolving digital media age. Indeed, like no other company, children and families are the very heart of Disney. In these Reply Comments, Disney will describe the wealth of diverse and enriching children’s content it provides over a wide variety of platforms from broadcast television to the Internet. For example, Disney will highlight the programming of Disney Channel, Disney XD, and the ABC-Owned Television Stations. Disney also will discuss its educational initiatives targeted towards parents and children. These initiatives cover topics such as digital literacy (e.g., programs aimed at educating families about the benefits and responsibilities of Internet use), health and nutrition (e.g., Disney’s efforts to provide parents and children with the tools to make nutritional and healthy food choices), and numerous other pro-social messages, from environmental issues to H1N1 education. Disney also discusses in these Reply Comments the comprehensive internal processes it has implemented to review all of its video programming to ensure that such programming receives the appropriate rating. In addition, Disney explains the care it takes with respect to advertising in content targeted towards children, as well as describes its initiatives to ensure online safety. In addition to discussing its approach to children’s content and related issues, throughout these Reply Comments, Disney offers our perspective on various regulatory initiatives raised by the Commission’s Notice of Inquiry. Importantly, the vast majority of the initiatives described in these Reply Comments are Disney’s own voluntary efforts, and not pursuant to any government requirement. Indeed, as many commenters have demonstrated, a wide variety of industries, from media providers to web publishers, have similarly developed creative and successful initiatives to educate and empower parents, without governmental mandates. As a result, additional regulation by the FCC is not warranted. Moreover, as the record in this proceeding makes clear, there are significant jurisdictional and constitutional impediments to the enactment of additional regulations over media content (including advertising) in the name of protecting children. In short, in Disney’s view, in this dynamic media environment, static government requirements become stale quickly and the FCC would best serve parents and children by continuing to encourage and highlight the best efforts of companies in this area. Disney would be pleased to work with the Commission as it looks for ways to do so. ii Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ____________________________________ ) In the Matter of ) ) Empowering Parents and Protecting ) MB Docket No. 09-194 Children in an Evolving Media Landscape ) ) Children’s Television Obligations of ) MB Docket 00-167 Digital Television Broadcasters ) ) ____________________________________) REPLY COMMENTS OF THE WALT DISNEY COMPANY For over 80 years, the Walt Disney Company (“Disney”) has provided high- quality family entertainment throughout the world. Indeed, like no other company, children and families are the very heart of Disney. It thus should come as no surprise that Disney supports the Commission’s twin goals of empowering parents and protecting children in the ever-evolving digital media age. Disney is pleased to provide these reply comments (“Reply Comments”) in the above-referenced proceeding.1 1 These Reply Comments are filed on behalf of all the operating divisions of The Walt Disney Company, including Disney Channel, Disney XD, the ABC Television Network, the ABC-Owned Television Stations (as defined herein), and Disney Interactive Media Group. 1 In these Reply Comments, Disney will provide detail on our own enriching content, ranging from compelling video programming to online products to educational initiatives. We also will provide detail on Disney’s parental empowerment efforts, including Disney’s digital literacy and nutritional campaigns. Along the way, Disney will offer our perspective on various regulatory initiatives raised by the Commission’s Notice of Inquiry.2 It warrants stressing at the outset that the vast majority of the initiatives described in these Reply Comments are of Disney’s own voluntary efforts, and not pursuant to any government requirement. Achieving the twin goals of empowering parents and protecting children is so critical to Disney’s success as the pre-eminent provider of children’s and family entertainment that Disney has been, and will always be, working to achieve them above and beyond what any regulations require. Moreover, in Disney’s view, and as many commenters have demonstrated, in this dynamic media environment, static government requirements become stale quickly and the FCC would best serve parents and children by continuing to encourage and highlight the best efforts of companies in this area.3 Disney would be pleased to work with the Commission as it looks for ways to do so. 2 See generally Empowering Parents and Protecting Children in an Evolving Media Landscape, MB Docket No. 09-194, Notice of Inquiry, 24 FCC Rcd 13171 (Oct. 23, 2009) (“Notice of Inquiry”). 3 See, e.g., Comments of AT&T, at 7-8 (stating that the FCC “should ensure that service providers have the flexibility they need to develop new tools and initiatives to empower parents to protect their children online as new risks or challenges emerge”); Comments of the Entertainment Software Association, at 19 (“governmental efforts to modify successful private programs in a dynamic industry can only freeze the industry’s ability to respond to marketplace changes and ultimately will reduce the programs’ effectiveness.”); Comments of Google, Inc., at 8-12 (explaining that the FCC should 2 In addition to these Reply Comments, Disney is joining