House Approves Stiffer Indecency Fines

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Wed, 16 Feb 2005 20:58:55 -0800

[Zepps_News] #House Approves Stiffer Indecency Fines

 

 

 

 

<http://www.guardian.co.uk/worldlatest/story/0,1280,-4806135,00.html>

 

House Approves Stiffer Indecency Fines

 

 

Thursday February 17, 2005 4:46 AM

 

By GENARO C. ARMAS

 

Associated Press Writer

 

WASHINGTON (AP) - Chafing over a ``wardrobe malfunction'' and racy radio

shock-jock programs, the House overwhelmingly passed a bill Wednesday

authorizing unprecedented fines for indecency.

 

Lawmakers sought to hit broadcasters where it hurts - the pocketbook -

in approving the measure 389-38, rejecting criticism that the penalties

would stifle free speech and _expression and further homogenize

programming.

 

The bill would increase the maximum fine from $32,500 to $500,000 for a

company and from $11,000 to $500,000 for an individual entertainer.

 

``With passage of this legislation, I am confident that broadcasters

will think twice about pushing the envelope,'' said Rep. Fred Upton,

R-Mich., chairman of the House telecommunications panel and author of

the bill. ``Our kids will be better off for it.''

 

The White House said in a statement that it strongly supports the

legislation that ``will make broadcast television and radio more

suitable for family viewing.''

 

A similar bill has been introduced in the Senate, where it has broad

bipartisan support. Sen. Ted Stevens, R-Alaska, chairman of the Commerce

Committee, has said he wants to act on the bill quickly, but he hasn't

given a timetable.

 

Any differences in the two bills would have to be resolved before it can

go to President Bush for his signature. Last year the two chambers were

unable to reach a compromise.

 

Opponents said they were concerned that stiffer fines by the Federal

Communications Commission would lead to more self-censorship by

broadcasters and entertainers unclear about the definition of

``indecent.''

 

They cited the example of several ABC affiliates that did not air the

World War II drama ``Saving Private Ryan'' last years because of worries

that violence and profanity would lead to fines, even though the movie

already had aired on network TV.

 

Rep. Jerrold Nadler, D-N.Y., said changing the channel is the best way

for families to avoid racy programming.

 

``But the prurient Puritans of this House are not satisfied with free

choice and the free market,'' Nadler said. ``Instead, they want the

government to decide what is or is not appropriate for the public to

watch or listen to.''

 

Andrew Jay Schwartzman, chief executive officer of the Media Access

Project, a law firm that represents small broadcasters, said some of his

clients already are censoring themselves because they can't risk fines

at the current level.

 

National Association of Broadcasters spokesman Dennis Wharton said

voluntary industry initiatives are preferable to government regulation

in addressing programming issues. He added that there is often more

explicit content on cable and satellite channels, which are not subject

to indecency fines but can be just as easily accessible to children.

 

Under FCC rules and federal law, radio stations and over-the-air

television channels cannot air obscene material at any time, and cannot

air indecent material between 6 a.m. and 10 p.m. The FCC defines obscene

material as describing sexual conduct ``in a patently offensive way''

and lacking ``serious literary, artistic, political or scientific

value.'' Indecent material is not as offensive but still contains

references to sex or excretions.

 

The FCC has stepped up enforcement of the indecency statute, perhaps

most notably with a $550,000 fine against CBS for Janet Jackson's

``wardrobe malfunction'' during last year's Super Bowl halftime show.

Radio personality Howard Stern also has been a frequent target.

 

``The 2004 Super Bowl crystallized the notion that something needs to be

done,'' said Rep. Joe Barton, R-Texas, chairman of the Energy and

Commerce Committee that sent the bill to the full House. ``For too long,

broadcasters have been pushing the envelope.''

 

The FCC has wide latitude to impose fines. It can fine an individual

company, groups of stations owned by a company and individual

entertainers. In the case of CBS and last year's Super Bowl halftime

show, it imposed a fine of $27,500 - then the maximum - against each of

20 stations owned by the network.

 

All five members of the FCC - three Republicans and two Democrats - say

the current fines are far too low and they have encouraged Congress to

boost them.

 

The House bill would let the FCC fine an individual entertainer, such as

a disc jockey, without first issuing a warning, which is the case now.

The FCC has never issued such a fine.

 

``There have to be restrictions because there has to be an interest in

protecting children,'' said Lara Mahaney, a vice president with the

watchdog group, Parents Television Council.

 

The Senate bill calls for raising the maximum fine on broadcasters to

$325,000, with a cap of $3 million for one day. The House bill does not

include a cap.

 

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