Split Decision On FCC Profanity Review

SPLIT DECISION ON FCC PROFANITY REVIEW
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The FCC has upheld profanity findings against Fox for two Billboard Music Award broadcasts, while dismissing ones against CBS' Early Show on the grounds its fleeting expletive was not profane or indecent, and against ABC's NYPD Blue on procedural grounds. After considering comments from broadcasters and others, the FCC concluded late Monday that "comments made by Nicole Richie during the 2003 Billboard Music Awards and by Cher during the 2002 Billboard Music Awards are indecent and profane as broadcast but that the complained-of material aired on The Early Show is neither indecent nor profane. In addition, we dismiss on procedural grounds the complaints involving NYPD Blue as inadequate to trigger enforcement." But the FCC also reasserted its presumption that the words "f*ck" and "sh*t" are profane and indecent unless context mitigates. It also defended its ability generally to regulate indecent broadcast content, saying the availability of blocking mechanisms or the presence of alternate media without similar restrictions--cable, the Internet--did not persuade it that its current enforcement regime was unconstitutionally vague or de facto ineffective in protecting children from indecent content. Broadcasters and the Commission will now fight it out over those remaining findings in court.
http://www.broadcastingcable.com/article/CA6388805.html

* FCC News Release: http://www.fcc.gov/omnibus_remand/FCC-06-166-nr.pdf

* FCC Order: http://www.fcc.gov/omnibus_remand/FCC-06-166.pdf

* Commissioner Adelstein:
http://www.fcc.gov/omnibus_remand/jsa_statement.pdf