What is indecency in broadcasting?
The Federal Communications Commission (FCC) defines indecent speech as material that, in context, depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards for the broadcast medium. …
What are the two major considerations the FCC takes into account when determining whether broadcast material is indecent or obscene?
To determine whether broadcast material is in fact indecent, the Commission must make two fundamental determinations: (1) that the material alleged to be indecent falls within the subject matter scope of the definition of indecency—the material in question must describe or depict sexual or excretory organs or …
What is the maximum forfeiture The FCC can impose on a station per day and per year for indecency violations?
In 2005, Congress passed the Broadcast Decency Enforcement Act of 2005, increasing potential maximum forfeitures against broadcast stations from $25,000 for each day of a violation subject to a $250,000 maximum per violation up to $325,000 per day and $3 million per violation, respectively, for the broadcast of “ …
Is indecency protected speech?
Although indecent speech is protected by the First Amendment, speech in broadcast media has been restricted because of its omnipresence and its accessibility to children.
What court defines indecency?
In Miller v. California, 413 U.S. 15 (1973), the Supreme Court upheld the prosecution of a California publisher for the distribution of obscene materials. In doing so, it established the test used to determine whether expressive materials cross the line into unprotected obscenity.
Can they say the F word on TV?
Way back in 1972, Carlin’s naughty “The Seven Words You Can Never Say on Television” bit — which outlined the swear words that are still taboo on broadcast TV to this day — ended up causing the highest court to rule that the Federal Communications Commission had the authority to regulate what viewers see on broadcast …
What is the difference between obscenity and indecency?
Indecency is material that is protected under the First Amendment, even though some people find it offensive to one degree or another. Contrast this with obscenity, which has been ruled by the Supreme Court to not be protected expression at all.
Does the definition of indecency vary by culture?
The definition of obscenity differs from culture to culture, between communities within a single culture, and also between individuals within those communities.
What is considered obscene speech?
Obscenity is a category of speech unprotected by the First Amendment. Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. There are major disagreements regarding obscene material and the government’s role in regulation.
Can you swear on live TV?
Federal law prohibits obscene, indecent and profane content from being broadcast on the radio or TV.
When did cable start allowing the F word?
But it was actually nearly 15 years ago — on July 4, 2003 — that Comedy Central aired what seems to be the first purposeful, uncensored “fuck” on basic cable, during the kickoff of its programming block “Secret Stash,” which featured an unedited version of South Park: Bigger, Longer & Uncut.
How is indecency regulated in the broadcast industry?
The FCC defines indecency in the broadcast industries and regulates the content of television and radio broadcasts to prevent the airing of inappropriate material.
Is it illegal to broadcast obscene content on radio?
Obscene, Indecent and Profane Broadcasts. Federal law prohibits obscene, indecent and profane content from being broadcast on the radio or TV. That may seem clear enough, but determining what obscene, indecent and profane mean can be difficult, depending on who you talk to.
What are some examples of indecency on radio?
Broadcasts that dwell on offensive material also may elicit FCC intervention. For example, a radio station broadcast a talk show depicting the flatulence and defecation activities of radio personality “Bubba, the Love Sponge.”
When is indecent and profane content is prohibited?
Indecent and profane content are prohibited on broadcast TV and radio between 6 a.m. and 10 p.m., when there is a reasonable risk that children may be in the audience. What about cable, satellite TV and satellite radio? Because obscenity is not protected by the First Amendment, it is prohibited on cable, satellite and broadcast TV and radio.