The Federal Communications Com-mission recently overruled its own staff and
decided an obscenity for male-female relations violates federal law covering
radio and broadcast television.
The Federal Communications Com-mission recently overruled its own staff and
decided an obscenity for male-female relations violates federal law covering
radio and broadcast television.
Last year, Bono, lead singer of the rock band U2, used the word at a live broadcast
of the Golden Globe Awards, saying winning an award was “(expletive) brilliant.”
After a complaint was filed, the FCCs enforcement bureau ruled the word
did not violate the ban on broadcast indecency. Bonos use of the word
was non-sexual, as well as fleeting and isolated, the bureau said.
After granting a request for a review of the ruling, the five-member commission
struck down its bureaus decision.
It said not only did Bonos use of the word qualify as profane under the
law but other uses of the word would as well.
In its order, the Federal Communications Commission warned broadcasters they
are “on clear notice that, in the future, they will be subject to potential
enforcement action for any broadcast of the (expletive) or a variation thereof
in situations such as that here.” Violators will be subject to fines and
possibly revocation of their licenses.
Barrett Duke said he was encouraged by the reversal. “While the word in
question is certainly used in many non-sexual contexts these days, its use under
any circumstances is still offensive to most Americans, and certainly to me
and my family,” said Duke, a spokesperson for the Southern Baptist Ethics
and Religious Liberty Commission.
“Our public speech should seek to honor and promote the best of who we
are as a moral people. Our children need this example. The world needs this
example.”
The commission did not fine NBC, which aired the Golden Globe Awards show in
question. FCC Chair Michael Powell said he could not support a retroactive fine.
Others disagreed.
The lack of a penalty does nothing to hold NBC accountable or to restore the
notion of a broadcast license is a public trust.
However, in addition to its reversal on this issue, the FCC also recently announced
proposed fines against two companies for decency violations. The commission
proposed a fine of $55,000 against Capstar, a subsidiary of Clear Channel Communications,
for broadcasts on two radio stations. It also announced a fine of $27,500 against
Infinity Broadcasting for a broadcast of “The Howard Stern Show” on
one of its stations.
The fines continue a commission crackdown on indecency. On March 12, the FCC
announced nine maximum fines totaling $247,500 against Clear Channel for indecency
on a program on three of its stations.
The maximum penalty for each violation is $27,500, but legislation is moving
through Congress that would increase it greatly.
The U.S. House of Representatives already has given overwhelming approval to
a bill that would increase the maximum fine to $500,000 per violation. The Broadcast
Decency Enforcement Act (H.R. 3717) also calls for license revocation proceedings
after three violations.
Meanwhile, a U.S. Senate committee has approved a somewhat different version
(S. 2056). The Senate bill would increase maximum penalties to $275,000 for
a first violation, $375,000 for a second and $500,000 for a third. That bill
also empowers the commission to double fines if the indecency is planned in
advance or if the audience is unusually large, such as for the Super Bowl.
Neither bill would directly affect cable television programming. The Federal
Communications Commission is able to regulate only broadcast television. Some
observers say that needs to change as well so that cable television could be
brought under the same indecency laws as broadcast channels. (BP)