WASHINGTON, DC – Contrary to the opinions of the far Right, America is bored by indecency. Without a Janet Jackson style incident to fuel the fires of public hysteria, the nation’s interest in Federal Communication Commission business is minimal. Whereas the FCC received nearly 13 complaints per second during the month after Jackson’s nipple guard briefly caught the CBS Super Bowl camera’s gaze, today there are maybe 70 complaints per day. Although complaints have lessened, the ripples from the Jackson incident have resulted in a tamer face and voice being revealed on U.S. television and radio content, with $7.7 million in recommended fines inspiring more spicy entertainment options to relocate to satellite radio or operate under closer supervision.
Conservative lobbying and activist groups like to portray the 1.4 million complaints to the FCC during 2004 as a spontaneous grassroots outcry against sexy and explicit communications and a powerful symbol of support for more supposedly traditional values, but it is estimated that 90-percent of all complaints have resulted from campaigns spearheaded by Parents Television Council. The Los Angeles based group orchestrated a successful Internet campaign to overwhelm the FCC with complaints about programming, including wildly popular shows, but has since turned its attention to television violence.
According to Martin Kaplan, associate dean of the University of Southern California’s Annenberg School for Communications, “Historically, the bulk of indecency complaints have been the consequence of campaigns by a handful of organizations rather than a spontaneous outpouring of individuals. It’s hard to sustain a moral panic in the context of real natural disasters like the tsunami, the Iraq war, and political corruption.”
Only one documented complaint is needed to launch an FCC indecency review to determine whether the content in question was presented between the hours of 6:00 am and 10:00 pm and is “patently offensive” in regards to “sexual or excretory organs or activities.” A single violation can earn a maximum fine of $32,500.
No fines have been recommended by the FCC during 2005, although pending complaints, including those against shock jock Howard Stern and the Live 8 concert could result in penalties. Being found in violation of decency regulations and assessed a fine is no guarantee that payment will be required. In cases where research into the matter takes longer than the FCC considers appropriate, fines may be rescinded “due to passage of time,” something that has angered some decency groups, regardless of behavior changes within the communication industry. Such forces are frustrated by what they consider to be insufficient fine totals, snail’s pace investigations, inadequate follow up, and philosophical divisions amongst FCC officials about how to prioritize fine issuance and collection. These same special interest groups complain that even large fines do not deter profitable media giants in the long run and urge the FCC to increase not only the frequency but also size of assessments.
Given the ease with which the well organized efforts of Parents Television Council were able to influence the FCC’s actions, some, including Television Watch, wonder if the system is not too easily manipulated, and thus unreliable and potentially unjust. “We’re hoping that regulators, lawmakers, and the American public come to the same conclusion we have, that the system is broken,” James Dyke, executive director for Television Watch said. Television Watch is a coalition of major television networks, the U.S. Chamber of Commerce, First Amendment experts, and some politically active, socially conservative organizations. “The first step,” Dyke suggested,” is realizing that the system is outdated and can easily be hijacked by a very few, if not one individual.
