Wicker: Calls for Tougher Broadcast Decency Laws

REPORT FROM CONGRESS
By Congressman Roger F. Wicker

WICKER CALLS FOR TOUGHER BROADCAST DECENCY LAWS
February 21, 2005

The U.S. House of Representatives struck a blow against indecency over the public airwaves with passage of legislation to increase penalties against violations of broadcasting standards. Approval of the Broadcast Decency Enforcement Act reflects a commitment in Congress to prevent the airing of inappropriate radio and television programming in the future.

Perhaps the most memorable example of indecent behavior occurred at the 2004 Super Bowl when entertainer Janet Jackson's breast was exposed to a world-wide television audience. But Ms. Jackson's Super Bowl halftime show is only one of many recent instances of performers and broadcasters engaging in obscene conduct. These actions have generated countless complaints to the Federal Communications Commission (FCC) and prompted Congress to act.

PROTECTING THE PUBLIC TRUST

While the overwhelming majority of broadcasters take their responsibilities seriously, a few in the industry have gone beyond the limits of acceptable behavior and violated federal law. Our efforts are focused on putting a halt to this abuse of the public trust.

Last year I wrote the FCC to express my displeasure with this troubling trend of obscene behavior and to urge a renewed focus on enforcing the law against such activity. I also cosponsored this legislation in the last session of Congress. While the bill passed by a large margin in the House of Representatives, it was never acted upon in the Senate.

We hope early consideration in this new Congress will provide momentum to get it enacted into law.
The measure is designed to give the FCC much greater enforcement powers and spur the agency to act swiftly against violators. The provisions include:

* Boosting fines against broadcasters for willful and intentional violation of decency standards from the current maximum limit of $32,500 per violation to $500,000.

* Boosting fines against performers who engage in indecent behavior from the current maximum of $11,000 to $500,000. The bill would eliminate the "first warning" provision against entertainers and make it possible to levy fines on the first offense.

* Making broadcast license revocation a potential penalty for three-time violators and even one violation a factor in considering a broadcaster's fitness for holding a license.

* Speeding response time on public complaints by requiring the FCC to act within 180 days.

* Exempting local broadcasters who do not have prior notice about network programming content. It is appropriate that the bill includes a key provision to protect local affiliates from sanction when they do not have the opportunity to review the material in advance.

Broadcasters are obligated to act in the public trust and must be federally-licensed. The FCC has a responsibility to protect the public airwaves and enforce standards of decency that the American people have a right to expect from the broadcasting industry. This legislation gives the agency more tools to do that job.

http://www.house.gov/wicker/Decency.htm