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Broadcast Decency Enforcement Act: Anyone care about the latest resurrection?

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  • #31
    quote:
    Originally posted by Nathan B:
    Bob S and all....there is NO FCC list of "banned words." Section 326 of the rules and regulations forbids the FCC from prior censorship.


    That is true, and disturbing. At least in the Carlin decision we have some guidelines that the rest of us can use in retrospect. But the essential fact remains that the FCC can only decide AFTER THE FACT that your have violated their decency standards, they CANNOT tell you beforehand whether your words will break the law, or even what the law is. In few other areas of law is such ambiguity tolerated.

    And the consequences of violating these unpublished standards has been increased from thousands of dollars in fines against the broadcaster to hundreds of thousands against individuals.

    Several years ago Bono (of U2) used the term "F***ing Brilliant" as a term of praise during an awards show. The FCC ruled that it was permissable because it was not used in a prurient or derogatory sense. But after the Jackson incident they revisited the decision and reversed their ruling.

    Arbitrary.

    This is a law which can not be followed, only avoided.


    -Mark

    Comment


    • #32
      quote:
      Originally posted by Naturist Mark:
      In few other areas of law is such ambiguity tolerated.
      -Mark


      Actually, it's true in many cases of administrative (regulatory) law. The business I work for is regulated by the SEC. They basically refuse to give any guidance as to what will meet their requirements.

      Most people are also unaware that in an adminstrative law court (start with the IRS) you are guilty until proven innocent.

      Comment


      • #33
        quote:
        Originally posted by meredith2kp4:
        It is clear to me that TV networks are much more inclined than in the past to pixilate such things as too-deep cleavage and the ocasional plumber butt. Check out Survivor if you don't believe me.


        Oh, I believe you. Just a couple of days ago I was watching MASH (the movie) on a cable channel. When it came to the scene where Hotlips is showering and the side of the tent is dropped (or raised, I don't recall), they blurred out the very, very brief nudity.

        Ironically, they were doing a "DVD" version, showing interview clips going into commercial breaks, and just after showing the blurred scene, showed a clip with Sally Kellerman talking about filming the scene. During the interview clip, they showed the scene again, but this time without blurring it. Oops!

        BTW, she said that she was a bit nervous about doing the scene, and that when the tent flap went up during the first take, there stood Gary Burghoff (Radar) outside the tent, completely nude.

        Dave

        Comment


        • #34
          quote:
          Originally posted by Naturist Mark:
          quote:
          Originally posted by Nathan B:
          Bob S and all....there is NO FCC list of "banned words." Section 326 of the rules and regulations forbids the FCC from prior censorship.


          That is true, and disturbing. At least in the Carlin decision we have some guidelines that the rest of us can use in retrospect. But the essential fact remains that the FCC can only decide AFTER THE FACT that your have violated their decency standards, they CANNOT tell you beforehand whether your words will break the law, or even what the law is. In few other areas of law is such ambiguity tolerated.

          And the consequences of violating these unpublished standards has been increased from thousands of dollars in fines against the broadcaster to hundreds of thousands against individuals.

          Several years ago Bono (of U2) used the term "F***ing Brilliant" as a term of praise during an awards show. The FCC ruled that it was permissable because it was not used in a prurient or derogatory sense. But after the Jackson incident they revisited the decision and reversed their ruling.

          Arbitrary.

          This is a law which can not be followed, only avoided.


          -Mark


          Can FCC rulings be challenged in court?

          Comment


          • #35
            how about letting the parents do thier job...not the screwed up, corrupt goverment....

            Comment


            • #36
              sw1sweendog:"how about letting the parents do thier job...not the screwed up, corrupt goverment...."

              Come on dog, that is too simple a solution. That and it seems that parents do not want that responsibility.

              I wonder if they get a lot of letters complimenting them about a certain nude scene, if that would make a difference? Getting 200 complaints vs. 300 compliments, which would they weigh more?

              Bob S.

              Comment


              • #37
                Can FCC rulings be challenged in court?

                I think that if the FCC attempts to levy a fine, the station or network has 3 options:

                1 Pay it.
                2 Pay it, and then sue the FCC to recover the money.
                3 Refuse to pay, and force the FCC to take them to court.

                I believe CBS has chosen option 3, and they still haven't paid the $500000 fine for the Janet Jackson incident.

                http://blogcritics.org/archives/2006/06/02/125836.php

                Comment


                • #38
                  quote:
                  Originally posted by John P:
                  Can FCC rulings be challenged in court?

                  I think that if the FCC attempts to levy a fine, the station or network has 3 options:

                  1 Pay it.
                  2 Pay it, and then sue the FCC to recover the money.
                  3 Refuse to pay, and force the FCC to take them to court.

                  I believe CBS has chosen option 3, and they still haven't paid the $500000 fine for the Janet Jackson incident.

                  http://blogcritics.org/archives/2006/06/02/125836.php


                  Kudos to CBS, thanks for the update John.

                  Comment

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