Appeals Court Hammers the FCC on inconsistent indecency rulings
Appeals Court Hammers the FCC on inconsistent indecency rulings
July 16th, 2010 · Future of public media, PBS, Public Affairs, Public Media ·Edit
Today the States Court of Appeals for the Second Circuit issued a decision that found the the FCC’s 2006 decision to punish broadcasters for Cher and Nicole Richie’s “fleeting expletives” was based on vague and inconsistent standards. It is likely that this decision and possibly the upcoming decision on Janet Jackson’s “wardrobe malfunction” in the 3rd Circuit Court of Appeals will be appealed to the Supreme Court for decision in the next several years.
The good news is that this decision included a strongly worded rebuke on the FCC’s inconsistency regarding rulings about the same expletives that were allowed in Saving Private Ryan, but disallowed in the documentary The Blues – Godfathers and Sons. This might mean a pause in new findings by the FCC while these decisions are appealed. Meanwhile, broadcasters like Mountain Lake PBS are still likely to err on the side of caution and flag and/or censor expletives and visual materials before airing them. Regardless of the court decisions, Mountain Lake PBS will always be careful to evaluate all the programs that we air, provide viewer discretion warnings when appropriate and move questionable content into late evening slots.
Tags: Cher·content flags·FCC·Indecency Policy·Nicole Ritchie·wardrobe malfunction
