TruthNews

Congress Holds Hearings on Broadcast Decency Standards

Ike Skelton, February 15, 2004

Even before this year's notorious Super Bowl half-time show, complaints to the Federal Communications Commission (FCC) about radio and television content were on the rise. The FCC received more than 200,000 complaints about the 2004 Super Bowl broadcast alone.

Many Americans are understandably concerned about television and radio program content, with particular attention on programs and subject matter that may be inappropriate for viewing by young children. The over-the-air broadcast networks have a responsibility to serve the public interest, and some broadcasters have clearly gone too far by allowing indecent material on television.

Congress has given the FCC the responsibility for administratively enforcing the law that governs obscene or indecent broadcasts. Obscene speech is not protected by the First Amendment and cannot be broadcast at any time. Indecent programming contains content that does not rise to the level of obscenity, but it may be restricted in order to avoid its broadcast during times of the day when there is a reasonable risk that children may be in the audience. Under current FCC rules, television and radio broadcasts between 6:00 a.m. and 10:00 p.m. are subject to indecency enforcement action.

The Commission may revoke a station licence, impose a monetary fine, withhold or place restrictions on the renewal of a broadcast license, or issue a warning, for the broadcast of obscene or indecent material. But a consensus is emerging that these authorities are not sufficient and more needs to be done to protect the public interest.

In order to strengthen the penalties available to the FCC and to deter future broadcasting violations, I recently cosponsored H.R. 3717, the Broadcast Decency Enforcement Act of 2004. This legislation would increase the penalties for television and radio broadcasters that transmit obscene, indecent, and profane material. The FCC may now fine violators $27,500 per incident. The bill would increase fines to $275,000, with the maximum fine for a series of infractions set at $3 million.

House and Senate hearings have been held to discuss the subject of broadcast decency standards, so I am hopeful that the Congress will soon take action on this legislation. But in the meantime, if you have specific concerns about the content of a particular program, I encourage you to make a formal complaint with the FCC.

Written complaints about obscenity or indecency on the radio or television may be mailed to the FCC Enforcement Bureau, Investigations and Hearings Division; 445 12th Street, SW; Washington, DC 20554. Complaints may also be registered by e-mail at fccinfo@fcc.gov , or by calling toll free 1-888-CALL-FCC (1-888-225-5322). Complaints must include the date and time of the alleged broadcast, the call sign of the station involved, and information regarding the details of what was actually said during the alleged indecent or obscene broadcast.

Congressman Ike Skelton, a Democrat, has represented Missouri's Fourth Congressional District in the U.S. House of Representatives since 1977. His district includes Missouri's state capital, Jefferson City, and much of the Ozark region of the state.