Esta ley enmienda la Ley Orgánica del Departamento de Asuntos del Consumidor (DACO) y la Ley Núm. 128 de 1995 para facultar al Secretario de DACO a otorgar dispensas para la colocación de anuncios gubernamentales en programas de televisión y radio con ciertas clasificaciones de contenido (adultos, violencia, lenguaje fuerte, etc.). También permite al Secretario asumir las funciones de la Junta Asesora sobre Sistemas de Clasificación de Programas de Televisión, Videojuegos y Juguetes Peligrosos cuando esta no esté constituida u operativa. La ley establece prohibiciones y excepciones para la publicidad gubernamental, multas administrativas por incumplimiento y el proceso de revisión judicial de las decisiones del Secretario.
(Approved September 16, 2004)
To amend Sections 6-A, 6-B and 6-C of Act No. 5 of April 23, 1973, as amended, known as the "Organic Act of the Department of Consumer Affairs," and Section 3 of Act No. 128 of August 9, 1995, as amended, to empower the Secretary of the Department of Consumer Affairs to grant dispensations for advertisements as provided in Section 6-C, and to assume the duties of the Advisory Board of the Department of Consumer Affairs on the Classification Systems for Television Programs, Video Games and Hazardous Toys, whenever the same is not duly constituted or is inoperative.
Act No. 146 of August 9, 2002, empowered the Advisory Board of the Department of Consumer Affairs on the Classification Systems for Television Programs, Video Games and Hazardous Toys to grant dispensations to the public agencies in order to be exempted from compliance with Section 6-B of Act No. 5 of April 23, 1973, as amended, known as the "Organic Act of the Department of Consumer Affairs," for the reasons provided in subsections (1) and (2) of Section 6-C thereof. In addition, it empowered the latter to hear and resolve requests for review on the decisions of the Secretary for noncompliance with said Section.
In view of the existing institutional reality that said Board has not yet initiated its duties at this time, reason for which those agencies that need to convey messages of a preventive nature have not been able to request the corresponding dispensation to schedule their campaigns in the
communications media, we recommend the amendments contained herein. The Secretary of the Department of Consumer Affairs is hereby empowered to grant the dispensations provided in Section 6-C of the Organic Act of his/her Department, Act No. 5 of April 23, 1973. Likewise, the Circuit Court of Appeals is hereby empowered to review the decisions of the Secretary regarding this matter.
This Legislature, aware of the high public interest that underlies the orientation geared toward our citizenry, deems the recommended amendments necessary for the Government agencies to diligently schedule educational and/or preventive messages on prime time, regardless of the classification of the programming, to impact the target population and to comply with its legal mandate to educate on the matter dealt with in the announcements. With this transfer of the power to grant dispensations, we preserve intact the clear and forceful public policy of this administration of not supporting programming which does not contribute positively to the quality of life of our citizenry, unless it is completely necessary under the circumstances provided in the exceptions of Section 6-C of Act No. 5 of April 23, 1973.
Section 1.- Section 6-A of Act No. 5 of April 23, 1973, as amended, is hereby amended to read as follows: "Section 6-A.- Advisory Board 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 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 Citizen's Orientation Office Against Obscenity and Child Pornography in Radio and Television. (2) $\ldots$ (3) $\ldots$ (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 Section 6-B of this Act. 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 Chairperson of the Board, who shall receive a per diem equal to one hundred thirty-three percent (133%) of the per diem received by all 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."
Section 2.- Section 6-B of Act No. 5 of April 23, 1973, as amended, is hereby amended to read as follows: "Section 6-B. Prohibitions It is hereby prohibited for any agency, department, bureau, office, dependency, instrumentality, public corporation or subsidiary of any of these, municipalities, or political subdivisions of the Government of Puerto Rico to sponsor or place announcements in segments in which a television program that is not classified, that is recommended for adults only or that contains material of a sexual content, with strong language and intense
violence, or that covers topics for adults, includes profane language, graphic violence and explicit sexual content according to the system of classification adopted voluntarily by television stations. Moreover, they may not sponsor or place announcements during radio programs containing indecent material, as defined and regulated by the Federal Communications Commission. The foregoing prohibitions extend to any promotional or public service agreement. The Secretary is hereby authorized to adopt the necessary regulations to comply with the provisions of this Section. The Secretary is hereby empowered to impose an administrative fine which shall not be less than five hundred (500) dollars, nor more than one thousand $(1,000)$ dollars for each violation of the provisions of this Section. One fourth of the fine imposed shall be paid at the expense of the Secretary, Executive, or Head Director of the public agency that incurred the violation. The funds generated by these fines shall be covered into a special account to defray the operational costs of the Advisory Board.
The administrative fine shall be canceled when one of the following circumstances occurs: (1) ... (2) ... (3) ... (4) Evidence is submitted as to the fact that the Secretary expressly granted a dispensation from compliance with this Section for any of the exceptions provided in subsections (1), (2) and (3) of Section 6-C of this Act.
Any person who is not in agreement with the fine imposed by the Secretary may request a review of said decision from the Circuit Court of Appeals.
All that is here provided is expressly excluded from the provisions set forth in Act No. 170 of August 12, 1988, as amended, known as the "Uniform Administrative Procedures Act."
Section 2.- Section 6-C of Act No. 5 of April 23, 1973, as amended, is hereby amended to read as follows:
Section 6-C.- Exceptions The Secretary may grant dispensations from compliance with the provisions of Section 6-B of this Act to the public agencies in the following cases: (1) ... (2) $\ldots$ (3) When dealing with messages of a preventive and educational nature, geared toward giving orientation to the citizenry that generally tunes in and watches the programs included in Section 6-B of this Act and the agency requesting the dispensation has the legal mandate to educate on the matter dealt with in the announcement.
The Secretary shall consider the inquiry and shall grant the dispensation within not more than 15 calendar days. If the inquiry for the dispensation is not replied to within said term, it shall be understood as approved and the agency may schedule the corresponding announcements according to its media plan.
The dispensation from the Secretary shall not be required when the public announcement is necessary and urgent because: (1) ... (2) $\ldots$
Section 3.- Section 3 of Act No. 128 of August 9, 1995, as amended, is hereby amended to read as follows: "Section 3.- For the purpose of the prohibition the Government announcement established in Section 6-B, of Act No. 5 of April 23, 1973, as amended, the television programs classification system voluntarily adopted by television broadcasting stations shall be taken into consideration. With respect to radio, it shall be considered whether the content is indecent material, according to the definition and the regulations of the Federal Communications Commission.
Any contract executed for scheduling government announcements on television shall contain a clause that expressly provides that no announcements shall be transmitted during a television program that is not classified, is recommended for adults only, or has sexual content, profane language and intense violence or which covers topics for adults, includes profane language, graphic violence and explicit sexual content according to the classification system adopted voluntarily by television stations, except for the provisions set forth in Section 6-C of Act No. 5 of April 23, 1973, as amended. When the Secretary of the Department of Consumer Affairs grants a dispensation for publishing the announcement to the contracting public agency, an attesting copy of the same shall be included and shall be a part of the contract. Radio advertising contracts shall include a similar clause.
Furthermore, all contracts for scheduling government announcement on television and radio shall include a penalty clause to impose a penalty of one thousand $(1,000)$ dollars for each government announcement that is broadcast in violation of the prohibition provided in Section 6-B of said Act. Noncompliance with this prohibition shall be sufficient cause to rescind such a contract."
Section 4.- The Secretary of the Department of Consumer Affairs, in coordination with the Secretary of State, shall inform the Secretaries, Directors, Heads and Mayors of the departments, agencies, bureaus, offices, administrations, boards, commissions, public corporations, municipalities and all other dependencies and instrumentalities of the Commonwealth of Puerto Rico the purpose, scope and application of this Act. This communication shall be issued in writing within twenty (20) working days following the date of its approval.
Section 5.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 336 (S.B. 2880) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 6-A, 6-B and 6-C of Act No. 5 of April 23, 1973, as amended, known as the "Organic Act of the Department of Consumer Affairs," and Section 3 of Act No. 128 of August 9, 1995, as amended, to empower the Secretary of the Department of Consumer Affairs to grant dispensations for advertisements as provided in Section 6-C, and to assume the duties of the Advisory Board of the Department of Consumer Affairs on the Classification Systems for Television Programs, Video Games and Hazardous Toys, whenever the same is not duly constituted or is inoperative, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $11^{ ext {th }}$ of May of 2007.
Francisco J. Domenech Director