News Intelligence Analysis
From the N. Y. Times
March 16, 2006
TV Stations Fined Over CBS Show
Deemed to Be Indecent
By JULIE BOSMAN
The Federal Communications Commission leveled a record $3.6 million
fine yesterday against 111 television stations that broadcast
an episode of "Without a Trace" in December 2004, with
the agency saying the CBS show suggested that its teenage characters
were participating in a sexual orgy.
The program was among nine cited yesterday for fines totaling about $4 million on agency accusations of violating decency standards between February 2002 and March 2005. The fines are the first indecency actions by the commission since Kevin J. Martin, a Republican, became chairman last March.
F.C.C. officials said the fines, which can be appealed, were intended in part to make clear what type of material is allowed under F.C.C. standards. The decisions were specific to the programs cited, and did not provide more general comments.
The orders were notable for the breadth of programming cited, from Spanish-language music videos to live award shows. Complaints against 28 programs were dismissed, but 20 shows were found to have violated decency standards. One show, "N.Y.P.D. Blue," was cited for indecency violations in eight separate episodes. Eleven programs were found to be indecent but were not fined.
The orders are in response to more than 300,000 consumer complaints about programming that viewers found indecent, profane or obscene.
Many complaints are lodged in large numbers by organized groups and not by independent viewers.
CBS defended the "Without a Trace" episode, saying the episode contained "an important and socially relevant storyline warning parents to exercise greater supervision of their teenage children."
The F.C.C. also upheld a $550,000 fine leveled at CBS for the Janet Jackson breast-baring incident during the halftime show at the 2004 Super Bowl.
In a statement last night, CBS said it continued to disagree that the incident was "legally indecent."
"More than two years ago we apologized to viewers for the inappropriate and unexpected halftime incident," the statement said. "We will continue to pursue all remedies necessary to affirm our legal rights. Today's decision by the F.C.C. is just another step in the process."
Michael K. Powell, the former chairman of the commission, was criticized for a hard line on indecency cases, but Mr. Martin appears to be taking an even tougher stance. He is also promising to speed the F.C.C.'s response time, vowing to address complaints within nine months of being lodged, said Tamara Lipper, a spokeswoman for the F.C.C.
Ms. Lipper said the orders could give broadcasters guidance in what is appropriate programming. "The commission is committed to a restrained, effective and consistent approach," she said.
Tim Winter, the executive director of the Parents Television Council, a conservative advocacy group, said the group believed that the law was applied properly "in every instance."
"We absolutely are elated by the rulings handed down by the F.C.C.," Mr. Winter said. "Where they could fine a broadcaster for breaking the law, they did so. We think this sends a very powerful signal that those who violate the law will be punished."
E. Christopher Murray, a civil rights lawyer at Reisman, Peirez & Reisman in Garden City, N.Y., said the decisions might have a chilling effect on broadcasters.
"The F.C.C., in its mind, is getting tougher on these kinds of programs," Mr. Murray said. "But there's going to be a difficult job for the TV networks to determine what's acceptable and what's not."
Copyright 2006The New York Times Company
Send a letter
to the editor
about
this article
This article is copyrighted material, the use of which has not been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner.
Back to The Yurica Report Home Page
Copyright © 2006 Yurica Report. All rights reserved.