FCC Sets the Standard for Offensive Content on TV and Radio

On Friday, April 6, 2001, the Federal Communications Commission announced new indecency guidelines for radio and television broadcasters.  In 1994, a court ruled that the FCC needed to clarify its longtime standards of offensive content, but until Friday, it had not done so.  According to FCC commissioner Susan Ness “The public is outraged by the increasingly coarse content aired on radio and television at all hours of the day, including times when our children are most likely to be listening or watching.  The flood of letters and e-mail we receive reflects a high degree of anger.”   The FCC's original definition of indecency was any programming that describes or depicts sexual or excretory organs or activities in a patently offensive manner.  The new guidelines are engineered to make it simpler for stations to determine acceptability of broadcast content.

The guidelines include:

·   The more explicit the language, the greater the likelihood of indecency.

·   The extent to which the sexual innuendo is repeated.  The more fleeting the statement, the less likely to be a cause for concern.  For example, a  one time instance of accidental swearing is not as serious as repeating a theme throughout an entire broadcast.

·   The intent is very important.  A news report including anatomical references are okay, but a graphic joke using the same reference is not.

·   Context is also important.  A radio talk show about teen sex-ed or frontal nudity in concentration camps in Schindler's List is not considered to be offensive material.

The ban on offensive content is active from 6 a.m. until 10 p.m.-- the hours when children are most likely to be listening or watching.  If a broadcaster is cited for violating the new guidelines the FCC can issue a warning, impose a fine, or even revoke the station’s license.

Commissioner Gloria Tristani dissented, stressing that “...This Statement diverts the Agency’s attention and resources away from the ongoing problem of lax enforcement.”  The FCC cannot act until it is provided with a tape or transcript of offending material.  Since there is no advance warning of indecent content, it is difficult to procure tapes or transcripts, making enforcement virtually impossible.