TV Networks Taking FCC to Court on Indecency Rulings

Tue, 18 Apr 2006 17:03:12 -0400

Broadcasters: 'Isolated' Expletives Insufficient Grounds for Saying Programs Indecent

Media Watchdogs: Networks Ignoring Owners of the Airwaves -- the American Public

By Jody Brown

April 18, 2006

(AgapePress) - Advocates for family-friendly TV programming are blasting the four major television networks for suing the FCC over recent indecency rulings handed down by the federal agency. The networks say the FCC "overstepped its authority" in making the determinations -- but media watchdogs claim the networks merely want the right to indiscriminately broadcast foul language in violation of current law.

On March 15, the Federal Communications Commission levied a heavy fine against CBS for graphic scenes in the program Without a Trace, and upheld its earlier half-million-dollar fine against the same network for the 2004 Super Bowl halftime show. (See earlier article) At the same time, it released decisions addressing more than 300,000 citizen complaints regarding indecent, profane, or obscene TV broadcasts by the other networks.

Among that latter group were several programs the FCC found violated its standards for broadcasting indecent language -- CBS's The Early Show, several episodes of ABC's NYPD Blue, and two music award shows aired by Fox. Included in those broadcasts were the "s-word" and the "f-word." But because the shows named in the lawsuit aired before the FCC's 2003 ruling that the f-word on live television was not indecent -- a decision it later reversed -- the federal agency decided it could not fine television stations for broadcasting the shows.

That appears to be the point of contention in the networks' lawsuits, which were filed late last week in several federal courts by ABC, CBS, NBC, Fox, their affiliate stations, and the Hearst-Argyle Television, Inc. chain. "We strongly believe that the FCC rulings issued on March 15 ... are unconstitutional and inconsistent with two decades of previous FCC decisions," the networks say. "In filing these court appeals we are seeking to overturn the FCC decisions that the broadcast of fleeting, isolated -- and in some cases unintentional -- words rendered these programs indecent."

'Neighborhood Bullies'

Several media watchdog groups say they find the networks' lawsuit ludicrous. "It's beyond preposterous that the networks would even propose that airing the 'f-word' and 's-word' on television is not indecent," says L. Brent Bozell, president of the Parents Television Council.

He reminds the broadcasters that the nation's airwaves belong to the American people, and that the industry has to abide by community standards of decency. Obviously, Bozell points out, the networks seem to have forgotten that.

"The broadcast networks are spitting in the faces of millions of Americans by saying they should be allowed to air [the two expletives] on television," the PTC leader says. "This suggestion by the networks is utterly shameless."

Bozell implies, however, that the networks know where the American public stands on the issue. "The networks have taken this fight to a court of law because they know they don't stand a chance in the court of public opinion," he states.

The director of government relations for Concerned Women for America has a similar take on what he describes as "frivolous" lawsuits. "This is a bold-faced attempt by the networks to have free reign to say whatever they please," asserts Lanier Swan. "[And] this action illustrates how out of touch television moguls are with American families."

Swan says he is convinced that millions of Americans -- as evidenced by the complaints filed with the FCC -- want to be able to turn on their televisions without having to fear their children will be confronted with foul language and overt sexual conduct. But the networks, he says, "choose to ignore and abuse" those millions of consumers. "We encourage the FCC to continue to hold networks accountable for the programming that violates federal decency regulations -- and to enforce tougher indecency fines."

Another watchdog group, the American Family Association, accuses the networks of playing by the rules only when it is to their benefit. Randy Sharp, AFA's director of special projects, says the networks are acting like schoolyard bullies by challenging the FCC's rulings.

"The networks employ a bullying technique by exposing children to the profanity they dish out on a daily basis," observes Sharp. "But when someone finally stands up to them, they play by the rules."

The AFA spokesman reminds the broadcasters that the s-word and f-word are "off limits" to users of the public airwaves -- and that the networks and their affiliates agreed to those rules when they were issued their licenses. "If the television bullies don't want to abide by decency rules," Sharp suggests they "turn in their licenses and go play somewhere else."

Still, Sharp admits he is not surprised by the networks' legal challenge -- and he says he expects the case to make its way all the way to the U.S. Supreme Court. In fact, the Washington Post states that the broadcasters have acknowledged privately that this could become the test case they have long awaited to challenge the government's ability to police the public airwaves.

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