FCC RELEASES ORDERS RESOLVING NUMEROUS BROADCAST TELEVISION INDECENCY COMPLAINTS

In sum, because the material is explicit and graphic, is dwelled upon, and presented in a manner to titillate and shock viewers, we conclude that the broadcast of the material at issue here is patently offensive under contemporary community standards for the broadcast medium and thus apparently indecent. The complained-of material was broadcast within the 6 a.m. to 10 p.m. time frame relevant to an indecency determination under section 73.3999 of the Commission’s rules. Therefore, there is a reasonable risk that children may have been in the viewing audience and the broadcast is legally actionable. (“The Surreal Life 2")

FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT:
March 15, 2006 David Fiske, 202-418-0513
Email: David.Fiske@fcc.gov

FCC RELEASES ORDERS RESOLVING NUMEROUS BROADCAST TELEVISION INDECENCY COMPLAINTS

Washington, D.C. – The Federal Communications Commission (FCC) today released decisions resolving over 300,000 consumer complaints about the broadcast of indecent, profane, and/or obscene television programming. In these decisions, the Commission addresses complaints about nearly 50 television programs broadcast between February 2002 and March 2005. The decisions respond to the public’s growing concern about the content of television programming. At the same time, they provide further information for broadcasters about the kinds of material that are and are not prohibited under the FCC’s indecency and profanity standards.
In the decisions, the Commission takes enforcement action against the broadcast of a wide variety of television programming. The FCC upholds its earlier decision against CBS for the broadcast of indecent material during the February 1, 2004 Super Bowl XXXVIII halftime show. The Commission rejects CBS’ claim that the pulling off a portion of Janet Jackson’s bustier to reveal her breast is not indecent. The Commission also holds 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.

The Commission also finds 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 finds 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 finds 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 denies complaints regarding numerous other television programs. Although the complained-of material may offend many people, the Commission concludes that the material in 28 television programs involved was not actionable.
Action by the Commission, February 21, 2006, Notices of Apparent Liability and Memorandum Opinion and Order (FCC 06-17). Chairman Martin, Commissioners Copps and Tate; Commissioner Adelstein concurring, dissenting in part. Separate statements issued by Chairman Martin and Commissioners Copps, Adelstein, and Tate.
Action by the Commission, February 21, 2006, Notice of Apparent Liability (FCC 06-18). Chairman Martin, Commissioners Copps and Tate; Commissioner Adelstein concurring. Separate statements issued by Chairman Martin and Commissioners Copps, Adelstein, and Tate.
Action by the Commission, February 21, 2006, Forfeiture Order (FCC 06-19). Chairman Martin, Commissioners Copps and Tate; Commissioner Adelstein concurring. Separate statements issued by Chairman Martin and Commissioners Copps, Adelstein, and Tate.
Press contact: David Fiske at (202) 418-0513
-FCC-

FCC 06-17: Complaints Regarding Various Television Broadcasts Between February 2, 2002 and March 8, 2005.

A. Notices of Apparent Liability for Forfeiture
1. “The Surreal Life 2” (February 8, 2004)
2. “Con El Corazón En La Mano” (October 9, 2004)
3. “Fernando Hidalgo Show” (October 19, 2004)
4. “Video Musicales” (February 2-March 8, 2002)
5. ”The Blues: Godfathers and Sons” (March 11, 2004)
6. “The Pursuit of D.B. Cooper” (March 15, 2003)

B. Indecent And/Or Profane Broadcasts But No Forfeiture Proposed
1. “The 2002 Billboard Music Awards” (December 9, 2002)
2. “The 2003 Billboard Music Awards” (December 10, 2003)
3. “NYPD Blue” (various dates between January 14 and May 6, 2003)
4. “The Early Show” (December 13, 2004)

C. Broadcasts That Do Not Violate Indecency/Profanity/Obscenity Restrictions
1. “Alias” (January 5, 2005)
2. “Will and Grace” (November 11, 2004)
3. “Two and a Half Men” (February 21, 2005)
4. “Committed” (March 8, 2005)
5. “Golden Phoenix Hotel & Casino Commercial” (February 19, 2005)
6. “The Oprah Winfrey Show” (March 18, 2004)
7. Political Advertisement (October 14, 2004)
8. “The Amazing Race 6” (December 21, 2004)
9. Various Programs Containing Expletives (various dates between August 31, 2004 and February 28, 2005)
10. “Family Guy” (January 16, 2005)
11. “The Academy Awards” (February 27, 2005)
12. “8 Simple Rules” (February 4, 2005)
13. “The Today Show” (January 11, 2005)
14. “The Simpsons” (September 9, 2004)
15. “America’s Funniest Home Videos” (February 5, 2005)
16. “Green Bay Packers v. Minnesota Vikings” (January 9, 2005)
17. “Medium” (January 17, 2005)

FCC 06-18: Complaints Against Various Television Licensees Concerning their December 31, 2004 Broadcast of the Program "Without A Trace".

FCC 06-19: Complaints Against Various Television Licensees concerning their February 1, 2004 Broadcast of the Super Bowl XXXVIII Halftime Show.