The Federal Communications Commission has specific rules on obscenity, indecency, and profanity. Not following FCC rules can lead to severe fines, depending on the nature of the offence. Despite the inherent protection given to broadcasters by the First Amendment, respecting society's response to potentially offensive content is the only way to avoid FCC fines.
Obscenity, Indecency, and Profanity According to the FCC
Although obscenity, indecency, and profanity more or less imply the same thing — inappropriate or offensive material, the Federal Communications Commission has a specific definition and regulations for each. First Amendment rights protect questionable content in varying degrees.
The United States Supreme Court has three criteria for material to be considered obscene. An obscenity cannot be aired for any reason at any time, and has no protection under free speech laws.
- It must insight lust in the average individual.
- It must illustrate sexual conduct.
- It must be bereft of any intellectual value, as in it is not artistic, scientific, literary, or political. It must be obscene for the sake of obscenity.
According to the courts, indecent language does deserve some level of protection under the First Amendment. Something is considered indecent if it is sexual in nature, or makes reference to excretory organs in an offensive way. Although indecency is a problem for the FCC, there is more flexibility than with obscenities. To compromise the values of freedom of speech, and society's need for censorship, the FCC rules allow indecent content to be aired between the hours of 10 p.m. and 6 a.m. local time. This time period is known as the 'safe harbor'.
The profane simply refers to words that are considered extremely offensive. FCC regulations allow profanities during the 'safe harbor'.
The Legitimacy of FCC Rules and Fines
It may seem that this regulatory body is disturbing fundamental First Amendment rights. When the constitution and Bill of Rights were established however, censorship of obscene and indecent material was not a widespread concern. Governments and other institutions were more concerned with counter-cultural material, rather than sexual references.
In the middle of the 19th century, as print mediums were more accessible to the masses and literacy was expanding, concern over protecting innocence and regulating offensive content became a national issue. A federal law in 1842, allowed for the confiscation of 'obscene or immoral' pictures. By 1873, the Comstock Law prohibited any material which could be considered obscene or which had anything to do with contraception or abortion, from going through the US mail system.
Over the years, laws have changed, new regulations have bees established, and old ones have been dissolved. What has remained the same is society's interest in censorship. It is actually the public which instigates an action by the Federal Communications Commission. Any individual can file a complaint if they believe FCC rules have been broken. The FCC then takes civil action, after examining the validity of the complaint in terms of context and existing laws. Although the FCC is the arm of censorship in America, enough members of society have expressed their need for the FCC rules, regulations, and actions against the obscene, indecent, and profane.
Sources:
Federal Communications Commission
"Fact Sheet on Sex and Censorship." (The Free Expression Policy Project)
Brenna Coleman - Brenna is a freelance writer focusing on natural health and beauty. She has written hundreds of articles, helping readers find ways to ...
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