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CBI FCC Broadcast Indecency Info FCC was actively cleaning out its backlog of indecency complaints in 2004 with links to recent actions. Why? Because of increased pressure from the hill after Bono's Golden Globe Awards incident and the now infamous Janet Jackson Superbowl Halftime Show "wardrobe malfunction." CBI board members attended the recent "summit" to raise the concerns of its members. , CBI Elections Commissioner, wrote a paper summarizing the climate at the time, which is available for download here. A report by The Center for Public Integrity suggests that the lack of FCC indecency action so far in 2005 can be traced primarily to the record fines and settlement agreements signed in 2004 by Clear Channel and Viacom. Read the full analysis here. CBI will keep you updated on news about this on going issue: Here is an Indecency primer from John Crigler of Garvey Schubert Barer. Our thanks to John for allowing us to use this document.
The Commission ruled that a November 2004 opening segment from ABC's "Monday Night Football" telecast-featuring a locker room encounter between the Philadelphia Eagles' Terrell Owens and actress Nicollette Sheridan from ABC's "Desperate Housewives" - was not indecent.
2/28/2005 FCC ruled that "Saving Private Ryan" does not meet the standard for actionably indecent material despite the use of numerous expletives and other offensive language throughout the film.
Press Release
Also, the Commission denied indecency complaints filed by the Parents Television Council against episodes of three network television series. Although the specific facts of each are different, in general the Commission concluded that the programming was not sufficiently graphic or explicit to be "patently offensive." 1/24/2005 FCC dismissed 36 complaints by the Parents Television Council alleging that the various programs, aired between October 2001 and February 2004, contained segments of a sexually explicit nature or used indecent or profane language. Commissioners Copps and Martin dissented in part from the decisions, apparently believing that at least some of the programs required a more substantive review and analysis. Copps' opinions are included in the links below; Martin intends to issue a statement "at a later date."
Press Release
12/22/04
Note that the Commission assessed the "maximum" under the old segment standard (4 segments X 2 stations X $27,500). Copps and Martin both argued for "per utterance," but the others declined, feeling that stations did not have notice of the newer standard at the time of the broadcasts. Judging from the transcripts in the NAL, per utterance probably would have easily rung up several million dollars.
11/23/04
FCC and Viacom have entered into consent decree settling three pending NAL\'s and two pending Forfeiture Orders, along with various other complaints and letters of inquiry. Viacom agrees to make a record-setting $3.5 million "voluntary contribution" to the U.S. Treasury as part of the settlement.
Other actions released on this date:
Fox Television Stations, "Keen Eddie" complaint denied
WRC-TV and other NBC affiliates, "Coupling" complaint denied
WBDC-TV and other WB affiliates, "Off Centre" complaint denied
10/12/04 10/08/04 The good news for broadcasters may be short-lived, however. Senator Sam Brownback (R-Kan.) is expected to reintroduce a stripped-down version of the bill in the next Congress. 9/22/04 6/9/04
5/14/04Commission Affirms Forfeiture Against Entercom for Violations of Indency Rule.
4/8/04
3/31/04
3/18/04
FCC Proposes Statutory Maximum Forfeiture of $55,000 Against Capstar, a Subsidiary of Clear Channel, for Apparent Violations of Indecency Rule.
Commission Proposes Statutory Maximum Forfeiture of $27,500 Against Infinity for Apparent Indecency Violation.
FCC Affirms Forfeiture Against Infinity for Violation of Indecency Rule.
3/12/04
3/5/04
2/12/04
Commissioner Adelstein's Testimony on Indecency.
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