Last updated: February 21, 2008 - 7:46am
INDECENCY, VIOLENCE ROIL TV LEGAL WATERS
[SOURCE: tvnewsday, AUTHOR: Michael Berg]
On April 25, the FCC released a landmark report -- “Violent Programming and Its Impact on Children” -- that recommends that Congress use indecency regulation as a basis to enact first-ever limits on TV violence and authorize the FCC to enforce them. But last Monday’s court ruling in Fox v. FCC added to significant concerns about indecency regulation as a model for new violence rules. Striking down parts of the FCC’s recent toughening of it indecency policy, the Second Circuit Court of Appeals found that fines against “fleeting and isolated” indecent words in live programming, and a new FCC definition of profanity, were adopted in violation of the Administrative Procedure Act. The APA requires, among other things, that the FCC articulate a rational basis for changing agency precedent, and consistent enforcement that gives adequate notice to potential violators of what is prohibited. The court also noted strong concerns about the constitutionality of the FCC changes, although they were not the basis of the ruling. This column provides a guide to the FCC violence report in light of the indecency ruling.
* A %$#@ slippery slope on raw talk?
- Get Set for Plenty of DC Action in 2007
- Spectrum, Kids TV High On FCC's Agenda
- Violence = Indecency, FCC to Tell Congress
- PTC Takes Closer Look at Violence
- Who decides what's indecent on cable, late night?
- Hearings Scheduled On TV's Impact On Kids
- Is There Too Much Blood in Primetime?
- FCC is No Place for TV News Regulation
- Senate Commerce Passes Indecency Bill
- Appeals Court Grills FCC on Indecency Standards
- Draft Bill: Sen Rockefeller Considering Violent Video Legislation
- FCC can stop kidding themselves
- Violence: The New Indecency?
- Rehr To D.C.: Clarify Indecency
- Senate Prepares To Weigh In On Violence