Upon reading this news story on MSNBC’s website, I felt that it was rather pertinent to our class – especially given the subject of the article.
The article discusses how the four major TV networks (ABC, CBS, NBC, and Fox), along with the Hearst-Argyle-Television group of TV station, filed appeals in several federal courts regarding a ruling on March 15th by the Federal Communications Commission.
As Dr. Halavais discussed in lecture 28, the Federal Communications Commission enforces time, place, and manner restrictions, and has been regulating the content of broadcast media for about 70 years.
The March 15th ruling by the FCC declared that several programs aired by the major networks in question were "indecent" due to language. Programs cited by the FCC for profane language included CBS's The Early Show (in 2004), incidents at the Billboard Music Awards shows broadcast by Fox which involved Cher and Nicole Richie (in 2002 and 2003), and several episodes of ABC's NYPD Blue that aired in 2003.
It is worth noting that these programs did not air during the "safe harbor" period of time, which as Dr. Halavais discussed in lecture 28, is from 10 p.m. until 6 a.m.
However, since the indecent incidents occurred before a 2004 FCC ruling which stated that the almost all uses of certain expletive words would be considered profane and indecent, the FCC did not fine the networks which aired the indecent programs.
According to the article, the filing of the appeal to the March 15th ruling by the networks and the Hearst-Argyle Television group of stations is considered to be a "protest against the aggressive enforcement of federal indecency rules that broadcasters have complained are vague and inconsistently applied. Millions of dollars in fines have been levied based on those rules."
Additionally, as previously mentioned, the appeal is being filed jointly by the four major networks and affiliate groups, which is a rare occurrence in television. They issued a joint statement today, calling the March 15th FCC ruling “unconstitutional and inconsistent with two decades of previous FCC decisions.” Their statement also said that they “are seeking to overturn the FCC decisions that the broadcast of fleeting, isolated – and in some cases unintentional – words rendered these programs indecent.”
The group added that they were opposed to the “growing government control over what viewers should and shouldn’t see on television,” adding that “parents already have the ability to block certain programs by using the V-chip and various other parental controls.”
I think that it will be interesting to see how this case turns out, for it could have significant implications on the power of the FCC in the years to come.