Agency’s failure to enforce broadcast decency laws results in Super Bowl’s halftime debacle…
CBS subjected millions of viewers to Janet Jackson’s indecent exposure during her performance with Justin Timberlake, part of the MTV-produced halftime show of the Super Bowl last Sunday night.
This occurred only days after David Solomon, chief of the Federal Communications Commission’s (FCC’s) enforcement bureau, assured members of Congress at a hearing that “the [C]ommission is fully committed to vigorous enforcement of the broadcast indecency restrictions in order to protect the interest of America’s children.”
The House telecommunications subcommittee convened the hearing to review the FCC’s performance amid growing concerns that the Commission is failing to enforce broadcast indecency standards. The FCC received widespread attention when it announced its decision that Bono’s use of the “F” word on the live NBC broadcast of the 2003 Golden Globes awards show during the family hour was appropriate because it was used as an adjective instead of a verb.
However, House Commerce Committee Chairman Billy Tauzin said, “Regardless of how the word’s used, it’s offensive. To split hairs whether the word is an adjective or a verb is ridiculous. I strongly urge the FCC to reverse its decision.”
Rep. Fred Upton (R-Michigan), chairman of the House’s telecommunications subcommittee, is sponsoring H.R. 3717, the Broadcast Decency Enforcement Act, which would increase the maximum fine tenfold for violating decency standards.
Rep. Edward Markey (D-Massachusetts) said the FCC’s current enforcement of broadcast decency standards is like a “slap on the wrist” for broadcasters, who regard the fines merely as the cost of doing business. Increased fines would communicate that Americans are serious about preserving decency on television and radio, especially when the eyes and ears of children are present.
Many bipartisan House members are joining Upton in sponsoring the bill, having received thousands of complaints from constituents frustrated with the FCC’s performance. The Bush administration endorsed the bill in a letter from Commerce Secretary Don Evans which stated: “[R]ecent events demonstrate [that] some broadcasters have failed to meet [their] public trust by airing increasingly coarse and at times indecent broadcasts.”
Testifying at the hearing, in addition to the FCC’s Solomon, were L. Brent Bozell III, president of the Parents Television Council; William Wertz, owner of four Michigan radio stations; and Robert Corn-Revere, former FCC staffer and First Amendment expert.
Just before the scheduled hearing, the FCC fined Clear Channel Communications $755,000 for airing the indecent discussions of a Florida DJ who calls himself “Bubba the Love Sponge.” The FCC also managed to propose its first-ever penalty against a television station before the congressional hearing. San Francisco’s KRON is being fined $27,500 for broadcasting the indecent exposure of a male performer.
In response to the FCC’s imposed fines, Clear Channel said that broadcast indecency is a frequent occurrence because the FCC has failed to explicitly define indecency guidelines. Mark Mays, president and COO of Clear Channel Communications, said in the company’s statement, “We believe the time has come for every sector of the media to join together and develop consistent standards that are in tune with local community values.”
“If a big purveyor of broadcast trash is allowed to help ‘develop consistent standards,’ let’s go completely nuts and make Larry Flynt chief of the enforcement bureau. And we could invite the Colombian Drug Cartel to help the DEA decide what dope laws to enforce,” said Jan LaRue, Concerned Women for America’s chief counsel. “Hopefully, Congress and the FCC will put this idea in the circular file”
Commenting on the suspicious timing of the FCC’s sudden enforcement of broadcast indecency standards, Rep. John Dingell (D-Michigan), top Democrat on the House Energy and Commerce Committee, said, “I hope it signals a heightened seriousness on the part of the agency, and I will be watching closely to see that the FCC does not backtrack on its newfound aggressiveness on this issue.”
This was the first in a series of hearings to review the FCC’s performance. At future hearings, House members would like to see participation from the major broadcasting networks.
Pro-family organizations are pleased to have members of Congress joining in the campaign for media decency.
Last year, Concerned Women for America joined other family organizations, such as Parents Television Council, in meetings with each of the FCC commissioners regarding broadcast decency enforcement. CWA regularly encourages the public to file complaints with the FCC upon viewing broadcast indecency. As citizens have become knowledgeable, complaints have increased. In a letter to the Parents Television Council, FCC Commissioner Kevin J. Martin reported in December 2003 that indecency complaints jumped from 351 to 19,920 just in the previous quarter.
FCC Chairman Michael Powell’s immediate announcement of an investigation into the Super Bowl’s Jackson/Timberlake performance demonstrates the effectiveness of Americans who are speaking out.For more information on how to file a complaint with the FCC, click here.
Concerned Women for America
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