Should Violent Media Creators Owe A Duty Of Care

Duty should the creators of violent media owe a duty of care to victims

Should the creators of violent media owe a duty of care to victims of crimes based on violent media? This question is highly controversial and involves complex considerations of legal responsibility, societal impact, and moral accountability. The debate focuses on whether violent media producers should be held liable for potential harm their content may inflict, especially when such content possibly influences violent behavior. To analyze this, it is essential to examine the legal concept of duty of care, societal demand for violent media, parental responsibility, biblical perspectives on morality, and relevant research findings.

From a legal perspective, the concept of duty of care originates from tort law, which requires individuals or entities to act in a manner that avoids foreseeable harm to others. Kubasek et al. (2016) state, "The courts generally hold that businesses have a duty of care to protect their customers against foreseeable risks about which the owner knew or reasonably should have known." Applying this principle to media creators involves asking whether it is foreseeable that violent content might incite or provoke criminal acts. Critics argue that creators have a moral and legal obligation to consider the societal effects of their productions, especially when targeting vulnerable populations such as children.

Analysis of societal demand reveals a significant appetite for violent media among various demographics, particularly youth. Data from Gitnux (2023) indicates that 97% of youths play violent video games, which is linked to increased aggression—up to 60%. Furthermore, children are persistently exposed to violent imagery, with over 8,000 murders depicted on television before finishing elementary school. This widespread availability and consumption of violent content suggest a commercial incentive for creators to produce such material, which satisfies consumer demand. However, this also raises questions about corporate social responsibility and whether profit motives override considerations for societal harm.

Parents and guardians play an active role in mediating children's exposure to violent media. Biblical teachings, such as Romans 12:2, emphasize the importance of renewing one's mind and avoiding conforming to harmful influences. The biblical concept of the "weaker brother" (Romans 14) underscores the responsibility of stronger individuals—parents or guardians—to protect those more vulnerable from exposure to harmful content. Empirical studies support this standpoint; for instance, Impink et al. (2021) found that releases of mature-rated violent video games correlate with spikes in violent crimes among minors, implying that restrictiveness and parental supervision are vital in mitigating harm.

Opposing perspectives argue that violent media should be protected under the First Amendment as free speech and that creators are not responsible for how individual consumers interpret or react to content. Kippenhan (2023) notes that holding creators liable could infringe upon freedom of expression. Moreover, personal responsibility dictates that individuals and their guardians should regulate exposure to potentially harmful media. The argument emphasizes that a direct causal link between violent media and criminal acts is difficult to establish conclusively, and many factors contribute to violent behavior.

From a biblical worldview, personal responsibility and moral accountability are central themes. Jesus' statement in Mark 7:20-23 highlights that evil thoughts originate within the human heart, implying that external stimuli are insufficient alone to cause harmful actions. Instead, the internal moral condition influences behavior. The Bible advocates for self-control, love, and protecting the vulnerable as moral imperatives. For example, Proverbs 22:6 emphasizes training children in righteousness, aligning with the view that guardians must oversee children's exposure to potentially corrupting influences.

Research also suggests that individual differences, such as self-control, significantly influence reactions to violent media. Zheng et al. (2021) found that children with higher self-control exhibit less aggression after exposure to violent video games. This supports the argument that parental oversight and fostering moral virtues are more effective than restricting content solely through regulating creators’ responsibility. Therefore, parents should be primary agents in protecting minors from harmful content, rather than holding creators accountable.

In conclusion, whether violent media creators owe a duty of care to victims depends on balancing legal obligations, societal impact, personal responsibility, and free speech rights. While creators produce content driven by demand, they also possess a moral and, potentially, legal obligation to consider the potential for harm. Ultimately, parents and guardians bear significant responsibility for children's media consumption, complemented by societal measures to promote responsible media production. From a biblical perspective, protecting the vulnerable and cultivating moral virtues are paramount, emphasizing that moral accountability resides not only with creators but with individuals and their communities.

References

• Kubasek, N. K., Browne, M. N., Barkacs, L., Herron, D., & Dhooge, L. (2016). Dynamic Business Law: The Essentials (Biblical worldview edition, 3rd ed.). McGraw-Hill Education.
• Gitnux. (2023, September 5). Violence in Media Statistics and Trends in 2023.
• English Standard Version Bible. (2001). ESV Online.
• Impink, J., Kielty, P., Stice, H., & White, R. (2021). Violent Video Games and Crime. Journal of Media Economics, 33(3-4), 1–25.
• Kippenhan, N., Kabasek, N., Browne, N., & Herron, D. (2023). Biblical Worldview Edition of Dynamic Business Law (3rd ed.). McGraw-Hill Education.
• Zheng, X., Chen, H., Wang, Z., Xie, F., & Bao, Z. (2021). Online violent video games and online aggressive behavior among Chinese college students: The role of anger rumination and self-control. Aggressive Behavior.