P.R. Laws tit. 3, § 341e-1

2019-02-20 00:00:00+00
§ 341e-1. Advisory Board; creation

The Advisory Board of the Department of Consumer Affairs on the Classification Systems for Television Programs, Video Games and Hazardous Toys, hereinafter the “Advisory Board” or “Board”, is hereby created to advise the Secretary on the drafting of guidelines for the classification of television programs and video games according to their content, and on the rules that apply to hazardous toys or which may induce or promote violence in children. In order to comply with these purposes, the Board shall have the following functions:

(1) Advise the Secretary on the classification system for television programs, voluntarily adopted by television broadcasting stations, and share its experience and opinions with the Director of the Citizens’ Orientation Office Against Obscenity and Child Pornography in Radio and Television.

(2) It shall implement the video game classification system called “Coin Operated Video Game Parental Advisory System” that classifies according to the contents of the game. It shall also order the establishments, businesses, and game halls that operate video game machines activated by coins or tokens, to compulsorily adopt this classification system.

The classifications to be implemented by the Board shall be the following:

APPROPRIATE FOR ALL AGES (GREEN).— The content of the game is appropriate for all ages.

MODERATE ANIMATED VIOLENCE (YELLOW).— Contains violent scenes that depict animated drawings in a fantasy environment.

HIGH CONTENT OF ANIMATED VIOLENCE (RED).— Contains violent scenes that depict animated drawings in a fantastic or realistic environment, such as martial arts or sports.

[MODERATE CONTENT OF REAL LIFE VIOLENCE (YELLOW).— Contains scenes with human personages in combat situations.

HIGH CONTENT OF REAL LIFE VIOLENCE (RED).— Contains scenes with human personages in combat situations which may result in pain, injury and/or death of the main character.

MODERATE SEXUAL CONTENT (YELLOW).— Contains suggestive sexual material or references.

HIGH SEXUAL CONTENT (RED).— Contains graphic depictions of sexual conduct and/or of the human body in sexual activities.

MODERATE LANGUAGE (YELLOW).— Contains commonly-used vulgar words.

STRONG LANGUAGE (RED).— Contains strong vulgar words.

(3) To advise and recommend to the Secretary systems and methods for an adequate identification and evaluation of dangerous toys and of those that may induce or encourage violence in children.

(4) To prepare and adopt a plan to recommend to the Secretary the rules to coordinate and guide all other public agencies regarding the implementation of the public policy on the sponsoring or placement of advertisements in television and radio programs, as provided in § 341e-2 of this title. The Advisory Board shall adopt the necessary regulations to carry out the functions assigned herein. The Secretary shall provide the office space, equipment and services required by the Board for the performance of its functions. The Board and the Secretary shall jointly prepare an annual report on the activities of the Board that shall include its achievements, goals, objectives and recommendations, pursuant to the functions and purposes for which the Board has been created. Said report shall be rendered each calendar year and shall be submitted to the Governor and the Legislature of Puerto Rico on or before January 31 of the year following the year to which the report corresponds.

The Advisory Board shall consist of seven (7) members representing the public interest appointed by the Governor, with the advice and consent of the Senate of Puerto Rico. These members shall be persons of recognized interest in the problem concerning the messages of violence and sex that are transmitted to children and youngsters through television, radio, video games and toys for their entertainment. The initial appointments shall be two (2) for a term of one (1) year, two (2) for a term of two (2) years and three (3) for a term of three (3) years. Subsequent appointments shall be for a term of two (2) years. The Board members shall carry out their functions until their successors are appointed and take office. The Governor shall designate a Chairperson from among the Board members.

The Board members shall be entitled to receive per diems equal to the minimum per diem established in the Political Code for the members of the Legislature, with the exception of the Chairman of the Board, who shall receive a per diem equal to one hundred and thirty-three percent (133%) of the per diem received by its other Board members.

Whenever applicable, the Secretary may assume the functions of the Advisory Board when it is not duly constituted or is not operating.

History —Apr. 23, 1973, No. 5, p. 15, added as § 6-A on Aug. 9, 1995, No. 128, § 1; Aug. 19, 1996, No. 148, § 1; Aug. 8, 1997, No. 60, § 1; Jan. 10, 1998, No. 27, § 1; May 24, 2000, No. 87, § 1; Aug. 9, 2002, No. 146, § 1; Sept. 16, 2004, No. 336, § 1.