|
The Communications Act of 1934 established the Federal Communications Commission (FCC) in order to police the public airwaves. Five Commissioners, who are appointed by the President with confirmation from the Senate, direct the FCC. Broadcast time is sold to broadcast companies as long as these companies agree to uphold certain standards of decency. The FCC relies on the viewing and listening publics to help hold broadcasters accountable for these standards.
Viewers or listeners who feel that something broadcast was inappropriate will bring this to the attention of the FCC. The FCC will then decide if the transmission was obscene, indecent, profane, or none of the above.
The FCC uses the standards of obscenity set by Roth v. United States (1957) which basically said that something was obscene if 1) the average person using community standards would find that the material as a whole appeals only to prurient interests, 2) the material as a whole depicts sexual conduct in an offensive way, and 3) the material lacks any literary, artistic, political, or scientific value. Obscenity is not protected by the First Amendment, so the FCC can require that it not be broadcast.
This definition means that the FCC can use its own discretion in reviewing material. Many complaints will be judged to not be patently offensive or to have some redeeming value. For example, if the material is meant to be used as an educational product, the FCC might find that the information is not obscene. Likewise, if the material in question is only a small part of a larger program, the FCC might dismiss the grievance.
Just because a transmission is not found to be obscene does not mean it is not indecent or profane, and the FCC requires that such material be reserved for dissemination between the hours of 10 p.m. and 6 a.m. To be indecent, a program only has to contain sexual and/or excretory references that fall short of the obscenity definition. For example, the transmission may present sexual references in a portion of the show, but the show as a whole does not pander to this type of entertainment. To be ruled profane just means that the broadcast contained offensive language, but again this is not apparent to the same level as in material that is obscene.
As you can see, the FCC really has to make judgment calls on the material about which viewers complain. When a viewer sends in a complaint letter to the FCC, the FCC reviews the information. A complaint does not have to contain a transcript of the entire show, but should contain as much information about what was said and the context in which it was said. The date and time of the broadcast should also be included, as well as the call letters of the station on which the material was broadcast.
If the grievance seems to warrant further investigation, the FCC will send a letter of inquiry regarding the objection to the broadcast station. Should the FCC find that a broadcast was obscene; a fine may be levied, as was the case with the recent Super Bowl halftime show in which Viacom, Inc. was fined $550,000 when Janet Jackson's breast was exposed during her performance. Likewise, if a broadcast is found to be indecent or profane, and it was not aired during the proper hours, a broadcast company can also be fined.
If a complaint is judged to have no merit, the complaint will be dismissed. At that time, the petitioner can add more information and re-file. The petitioner can also file an application for a review of the decision, asking the FCC to look more closely at the transmission in question.
Many media watchdog groups have been pressuring the FCC lately to crack down on obscene and indecent programs. The FCC seems to be trying to do just that - the fine imposed on Viacom, Inc. on September 22, 2004, was the largest judgment ever made against a broadcaster.
|
Artical Related:
Lasting friendships for women: great female bonding activities
How to overcome a fear of rejection
Fashion in the 1980s: what women wore in the 80s
Essential wardrobe checklist for the modern 30-something woman
Fashion trends and tips: all about flat shoes




