FCC socks Eye with $3.6 mil fine
FCC socks Eye for $3.6 million in indecency fine
March 16, 2006
WASHINGTON -- The FCC proposed a $3.6 million fine against CBS and dozens of its affiliates Wednesday as TV regulators ruled on hundreds of thousands of indecency complaints dating back to 2002.
Rejecting an appeal by CBS, the FCC also upheld its previous $550,000 fine against 20 of the network's stations for the Janet Jackson "wardrobe malfunction" at the Super Bowl halftime show two years ago.
The commission also proposed a $27,500 fine for a Fox station that aired the movie "The Search for D.B. Cooper."
The decisions not only help clear up an FCC backlog of indecency complaints but also signal that the get-tough stance initiated under former chairman Michael Powell continues unabated under successor chairman Kevin Martin.
"These decisions, taken both individually and as a whole, demonstrate the commission's continued commitment to enforcing the law prohibiting the airing of obscene, indecent and profane material," Martin said.
CBS bears the brunt of the onslaught of proposed fines. They would levy upon the 111 stations that air the network's programming the current $32,500 maximum for airing the "Our Sons and Daughters" episode of "Without a Trace" on Dec. 31, 2004.
If the entire $3.6 million is paid, it would appear to set a record for an indecency forfeiture. It certainly outstrips the previous high proposal for a TV show: $1.18 million against Fox's "Married by America" reality show.
The "Trace" episode at issue revolves around an FBI investigation into the disappearance and possible rape of a high school student. Although there is no nudity in the episode, male and female teenagers are depicted in various stages of undress. The victim is shown wearing a bra and panties as three teenage males force her to have intercourse. The show was a rerun that aired outside its usual 10 p.m. slot.
According to the commission's order, the show is indecent because "the scene depicts numerous sexual activities" and depictions of "sexual conduct" that a child easily could discern and the "movements, sounds and comments contained in the scene are highly sexually charged."
CBS disagreed.
"The program, which aired in the last hour of primetime and carried a 'TV-14' V-chip parental guideline, featured an important and socially relevant story line warning parents to exercise greater supervision of their teenage children," the network said. "The program was not unduly graphic or explicit, and we will pursue all remedies necessary to affirm our legal rights, while knowing that millions of Americans give their stamp of approval to 'Without a Trace' each week."
In upholding its previous decision on the 2004 Super Bowl halftime show in which Jackson's breast was briefly bared as she sang a duet with Justin Timberlake, the commission said CBS had failed to change the panel's mind.
"We appropriately reject the argument that CBS continues to make that this material is not indecent," Martin said. "That argument runs counter to commission precedent and common sense."
CBS doesn't intend to drop the matter.
"CBS continues to disagree with the FCC's finding that the 2004 Super Bowl was legally indecent," the company stated. "More than two years ago, we apologized to viewers for the inappropriate and unexpected halftime incident. We will continue to pursue all remedies necessary to affirm our legal rights. Today's decision by the FCC is just another step in the process."
Scatological language like "bullshit" and variations thereof got Fox's station in St. Louis a fine for airing "The Search for D.B. Cooper." Numerous utterances of "shit," "bullshit," "horseshit" and the fact that someone is depicted with a "shit-eating grin" got KTVI a proposed fine of $27,500 -- the maximum when the movie was aired March 15, 2003.
Other proposed fines:
$27,500 for an episode of WB Network's reality show "The Surreal Life 2" that aired on WBDC in Washington on Feb. 8, 2004.
$32,500 for NBC-Telemundo's KWHY for airing "Con el Corazon en la Mano" on Oct. 9, 2004.
$32,500 for "The Fernando Hidalgo Show," aired on Sherjan Broadcasting Co.'s WJAN-CA, a low-power TV station operating in Miami, on Oct. 19, 2004.
$220,000 for "Video Musicales," aired on Aerco Broadcasting Corp.'s WSJU in San Juan, Puerto Rico, from Feb. 2-March 8, 2002.
$15,000 for the Martin Scorsese film "The Blues: Godfathers and Sons" a PBS documentary aired on KCSM on March 11, 2004.
NBC decried the fine for "Corazon," a movie that has appeared on television before.
"The scene was pivotal to the movie's plot and the relationship between the two main characters," the network said. "Viewers were properly warned about the movie's adult content in the strongest possible terms, both through a written advisory and a TV-MA rating, allowing them to make their own informed choice as to whether or not to watch the program. The FCC received one complaint.
"While the challenged rape scene in 'Corazon' contained material that some people might find disturbing and distasteful, the FCC only has the legal authority to decide whether it violates the statutory and constitutional standard for indecency," NBC said.
The commission said it levied the fine because the characters "quite clearly appear to have sexual intercourse, with his groin thrusting into hers as she moans, until he finally stops and rolls off of her."
Under federal court rulings and commission rules, material is indecent if it "in context, depicts or describes sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards for the broadcast medium." Indecent speech can be aired safely between 10 p.m.-6 a.m.
In addition to the fines, the commission also cited four shows for indecent broadcasts but did not propose a fine because the shows were broadcast before changes in the indecency rules.
The 2002 and 2003 Billboard Music Awards and a 2004 episode of "The Early Show" escaped sanction because they aired before the commission ruled that versions of the word "fuck" are automatically considered indecent. The ruling came in response to U2 singer Bono's utterance of a version of the word during the 2003 Golden Globes broadcast.
The commission did not propose a fine for an episode of "NYPD Blue" because the use of the word "dick" and "dickhead" in the show did not rise to the level of "fuck" and its variants because the FCC said the "terms 'dick' and 'dickhead,' in this context, while understandably offensive to some viewers, are not sufficiently vulgar, explicit or graphic descriptions of sexual organs or activities to support a finding of patent offensiveness."WASHINGTON -- The FCC announced the resolution of more than 300,000 broadcast indecency complaints Wednesday, including a decision upholding its finding that Janet Jackson's "wardrobe malfunction" during the 2004 Super Bowl halftime show violated the broadcast smut rules.
In the decisions, the commission takes enforcement action against the broadcast of a wide variety of television programming. It rejected CBS' claim that the pulling off a portion of Janet Jackson's bustier to reveal her breast is not indecent. The commission also held that CBS consciously and willfully failed to take actions to prevent the broadcast of the material, and that CBS is responsible for the halftime show.
In new action the panel founds episodes of "Without a Trace" and "The Surreal Life 2," which contained numerous graphic sexual images, to be impermissible under the commission's indecency standard.
The Omnibus Order also ruled indecent the broadcast of a movie containing a graphic rape scene and a talk show featuring a female guest who appeared in an open front dress.
Finally, the commission found indecent and profane several television programs containing offensive language. Where material is found actionable, the commission sanctions all licensees whose stations are the subject of viewer complaints filed with the commission.
Finally, the commission denied complaints regarding numerous other television programs. Although the complained-of material may offend many people, the commission concluded that the material in 28 television programs involved was not actionable.
"I believe the commission has a legal responsibility to respond to them and resolve them in a consistent and effective manner, so I am pleased that with the decisions released today the commission is resolving hundreds of thousands of complaints against various broadcast licensees related to their televising of 49 different programs," FCC chairman Kevin Martin said in a statement. "These decisions, taken both individually and as a whole, demonstrate the commission's continued commitment to enforcing the law prohibiting the airing of obscene, indecent and profane material."
Martin said the commission's decision to uphold its indecency ruling in the Super Bowl was a correct one.
"We appropriately reject the argument that CBS continues to make that this material is not indecent," he said. "That argument runs counter to commission precedent and common sense."
WASHINGTON -- The FCC announced the resolution of more than 300,000 broadcast indecency complaints Wednesday, including a decision upholding its finding that Janet Jackson's "wardrobe malfunction" during the 2004 Super Bowl half time show violated the broadcast smut rules.
In the decisions, the commission takes enforcement action against the broadcast of a wide variety of television programming. It rejected CBS' claim that the pulling off a portion of Janet Jackson's bustier to reveal her breast is not indecent. The commission also held that CBS consciously and willfully failed to take actions to prevent the broadcast of the material, and that CBS is responsible for the halftime show.
In new action the panel founds episodes of "Without a Trace" and "The Surreal Life 2," which contained numerous graphic sexual images, to be impermissible under the commission's indecency standard.
The Omnibus Order also ruled indecent the broadcast of a movie containing a graphic rape scene and a talk show featuring a female guest who appeared in an open front dress.
Finally, the commission found indecent and profane several television programs containing offensive language. Where material is found actionable, the commission sanctions all licensees whose stations are the subject of viewer complaints filed with the commission.
Finally, the commission denied complaints regarding numerous other television programs. Although the complained-of material may offend many people, the commission concluded that the material in 28 television programs involved was not actionable.
"I believe the commission has a legal responsibility to respond to them and resolve them in a consistent and effective manner, so I am pleased that with the decisions released today the commission is resolving hundreds of thousands of complaints against various broadcast licensees related to their televising of 49 different programs," FCC chairman Kevin Martin said in a statement. "These decisions, taken both individually and as a whole, demonstrate the commission's continued commitment to enforcing the law prohibiting the airing of obscene, indecent and profane material."
Martin said the commission's decision to uphold its indecency ruling in the Super Bowl was a correct one.
"We appropriately reject the argument that CBS continues to make that this material is not indecent," he said. "That argument runs counter to commission precedent and common sense."
Rejecting an appeal by CBS, the FCC also upheld its previous $550,000 fine against 20 of the network's stations for the Janet Jackson "wardrobe malfunction" at the Super Bowl halftime show two years ago.
The commission also proposed a $27,500 fine for a Fox station that aired the movie "The Search for D.B. Cooper."
The decisions not only help clear up an FCC backlog of indecency complaints but also signal that the get-tough stance initiated under former chairman Michael Powell continues unabated under successor chairman Kevin Martin.
"These decisions, taken both individually and as a whole, demonstrate the commission's continued commitment to enforcing the law prohibiting the airing of obscene, indecent and profane material," Martin said.
CBS bears the brunt of the onslaught of proposed fines. They would levy upon the 111 stations that air the network's programming the current $32,500 maximum for airing the "Our Sons and Daughters" episode of "Without a Trace" on Dec. 31, 2004.
If the entire $3.6 million is paid, it would appear to set a record for an indecency forfeiture. It certainly outstrips the previous high proposal for a TV show: $1.18 million against Fox's "Married by America" reality show.
The "Trace" episode at issue revolves around an FBI investigation into the disappearance and possible rape of a high school student. Although there is no nudity in the episode, male and female teenagers are depicted in various stages of undress. The victim is shown wearing a bra and panties as three teenage males force her to have intercourse. The show was a rerun that aired outside its usual 10 p.m. slot.
According to the commission's order, the show is indecent because "the scene depicts numerous sexual activities" and depictions of "sexual conduct" that a child easily could discern and the "movements, sounds and comments contained in the scene are highly sexually charged."
CBS disagreed.
"The program, which aired in the last hour of primetime and carried a 'TV-14' V-chip parental guideline, featured an important and socially relevant story line warning parents to exercise greater supervision of their teenage children," the network said. "The program was not unduly graphic or explicit, and we will pursue all remedies necessary to affirm our legal rights, while knowing that millions of Americans give their stamp of approval to 'Without a Trace' each week."
In upholding its previous decision on the 2004 Super Bowl halftime show in which Jackson's breast was briefly bared as she sang a duet with Justin Timberlake, the commission said CBS had failed to change the panel's mind.
"We appropriately reject the argument that CBS continues to make that this material is not indecent," Martin said. "That argument runs counter to commission precedent and common sense."
CBS doesn't intend to drop the matter.
"CBS continues to disagree with the FCC's finding that the 2004 Super Bowl was legally indecent," the company stated. "More than two years ago, we apologized to viewers for the inappropriate and unexpected halftime incident. We will continue to pursue all remedies necessary to affirm our legal rights. Today's decision by the FCC is just another step in the process."
Scatological language like "bullshit" and variations thereof got Fox's station in St. Louis a fine for airing "The Search for D.B. Cooper." Numerous utterances of "shit," "bullshit," "horseshit" and the fact that someone is depicted with a "shit-eating grin" got KTVI a proposed fine of $27,500 -- the maximum when the movie was aired March 15, 2003.
Other proposed fines:
$27,500 for an episode of WB Network's reality show "The Surreal Life 2" that aired on WBDC in Washington on Feb. 8, 2004.
$32,500 for NBC-Telemundo's KWHY for airing "Con el Corazon en la Mano" on Oct. 9, 2004.
$32,500 for "The Fernando Hidalgo Show," aired on Sherjan Broadcasting Co.'s WJAN-CA, a low-power TV station operating in Miami, on Oct. 19, 2004.
$220,000 for "Video Musicales," aired on Aerco Broadcasting Corp.'s WSJU in San Juan, Puerto Rico, from Feb. 2-March 8, 2002.
$15,000 for the Martin Scorsese film "The Blues: Godfathers and Sons" a PBS documentary aired on KCSM on March 11, 2004.
NBC decried the fine for "Corazon," a movie that has appeared on television before.
"The scene was pivotal to the movie's plot and the relationship between the two main characters," the network said. "Viewers were properly warned about the movie's adult content in the strongest possible terms, both through a written advisory and a TV-MA rating, allowing them to make their own informed choice as to whether or not to watch the program. The FCC received one complaint.
"While the challenged rape scene in 'Corazon' contained material that some people might find disturbing and distasteful, the FCC only has the legal authority to decide whether it violates the statutory and constitutional standard for indecency," NBC said.
The commission said it levied the fine because the characters "quite clearly appear to have sexual intercourse, with his groin thrusting into hers as she moans, until he finally stops and rolls off of her."
Under federal court rulings and commission rules, material is indecent if it "in context, depicts or describes sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards for the broadcast medium." Indecent speech can be aired safely between 10 p.m.-6 a.m.
In addition to the fines, the commission also cited four shows for indecent broadcasts but did not propose a fine because the shows were broadcast before changes in the indecency rules.
The 2002 and 2003 Billboard Music Awards and a 2004 episode of "The Early Show" escaped sanction because they aired before the commission ruled that versions of the word "fuck" are automatically considered indecent. The ruling came in response to U2 singer Bono's utterance of a version of the word during the 2003 Golden Globes broadcast.
The commission did not propose a fine for an episode of "NYPD Blue" because the use of the word "dick" and "dickhead" in the show did not rise to the level of "fuck" and its variants because the FCC said the "terms 'dick' and 'dickhead,' in this context, while understandably offensive to some viewers, are not sufficiently vulgar, explicit or graphic descriptions of sexual organs or activities to support a finding of patent offensiveness."WASHINGTON -- The FCC announced the resolution of more than 300,000 broadcast indecency complaints Wednesday, including a decision upholding its finding that Janet Jackson's "wardrobe malfunction" during the 2004 Super Bowl halftime show violated the broadcast smut rules.
In the decisions, the commission takes enforcement action against the broadcast of a wide variety of television programming. It rejected CBS' claim that the pulling off a portion of Janet Jackson's bustier to reveal her breast is not indecent. The commission also held that CBS consciously and willfully failed to take actions to prevent the broadcast of the material, and that CBS is responsible for the halftime show.
In new action the panel founds episodes of "Without a Trace" and "The Surreal Life 2," which contained numerous graphic sexual images, to be impermissible under the commission's indecency standard.
The Omnibus Order also ruled indecent the broadcast of a movie containing a graphic rape scene and a talk show featuring a female guest who appeared in an open front dress.
Finally, the commission found indecent and profane several television programs containing offensive language. Where material is found actionable, the commission sanctions all licensees whose stations are the subject of viewer complaints filed with the commission.
Finally, the commission denied complaints regarding numerous other television programs. Although the complained-of material may offend many people, the commission concluded that the material in 28 television programs involved was not actionable.
"I believe the commission has a legal responsibility to respond to them and resolve them in a consistent and effective manner, so I am pleased that with the decisions released today the commission is resolving hundreds of thousands of complaints against various broadcast licensees related to their televising of 49 different programs," FCC chairman Kevin Martin said in a statement. "These decisions, taken both individually and as a whole, demonstrate the commission's continued commitment to enforcing the law prohibiting the airing of obscene, indecent and profane material."
Martin said the commission's decision to uphold its indecency ruling in the Super Bowl was a correct one.
"We appropriately reject the argument that CBS continues to make that this material is not indecent," he said. "That argument runs counter to commission precedent and common sense."
WASHINGTON -- The FCC announced the resolution of more than 300,000 broadcast indecency complaints Wednesday, including a decision upholding its finding that Janet Jackson's "wardrobe malfunction" during the 2004 Super Bowl half time show violated the broadcast smut rules.
In the decisions, the commission takes enforcement action against the broadcast of a wide variety of television programming. It rejected CBS' claim that the pulling off a portion of Janet Jackson's bustier to reveal her breast is not indecent. The commission also held that CBS consciously and willfully failed to take actions to prevent the broadcast of the material, and that CBS is responsible for the halftime show.
In new action the panel founds episodes of "Without a Trace" and "The Surreal Life 2," which contained numerous graphic sexual images, to be impermissible under the commission's indecency standard.
The Omnibus Order also ruled indecent the broadcast of a movie containing a graphic rape scene and a talk show featuring a female guest who appeared in an open front dress.
Finally, the commission found indecent and profane several television programs containing offensive language. Where material is found actionable, the commission sanctions all licensees whose stations are the subject of viewer complaints filed with the commission.
Finally, the commission denied complaints regarding numerous other television programs. Although the complained-of material may offend many people, the commission concluded that the material in 28 television programs involved was not actionable.
"I believe the commission has a legal responsibility to respond to them and resolve them in a consistent and effective manner, so I am pleased that with the decisions released today the commission is resolving hundreds of thousands of complaints against various broadcast licensees related to their televising of 49 different programs," FCC chairman Kevin Martin said in a statement. "These decisions, taken both individually and as a whole, demonstrate the commission's continued commitment to enforcing the law prohibiting the airing of obscene, indecent and profane material."
Martin said the commission's decision to uphold its indecency ruling in the Super Bowl was a correct one.
"We appropriately reject the argument that CBS continues to make that this material is not indecent," he said. "That argument runs counter to commission precedent and common sense."
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