AUGUSTA – The Federal Communications Commission issued a record $7.9 million in fines in 2004 for bare breasts and bad words on TV and radio stations. But in 2005, while the complaints continued, fines levied against broadcasters went down significantly.
“I think Congress will act on this in 2006,” Sen. Olympia Snowe said. “There is a lot of concern among the public about what is on television today.”
The Maine Republican serves on the Senate Commerce Committee, which has oversight over the FCC and communications issues. She said several hearings were held late last year on the issue of indecency and obscenity on the airwaves and further hearings are planned this year.
“You want to be sure that we balance the need to protect our children from inappropriate programming content in a way that does not violate a broadcast station’s First Amendment rights,” she said.
But L. Brent Bozell, president of the Parents Television Council, told the committee in December the issue is not the First Amendment, it is indecency and filth on both television and radio. He said polling has indicated the public is way ahead of Congress on the issue.
“There is a sense of outrage that the airwaves have become so polluted, and that nothing is being done about it,” he told the panel. “If you look at cable, the two most popular forms of programming are sports and cartoons. There doesn’t seem to be any rush to do more sports and cartoons. Instead, they’re saying, ‘We’ve got to be raunchier.'”
Bozell called for tougher fines and penalties against broadcasters. He said too often the penalties being levied are considered a cost of doing business because they are so low.
“That’s why the House did pass legislation last spring that would significantly raise fines,” 1st District Congressman Tom Allen said. He serves on the House Energy and Commerce Committee, which has jurisdiction over communication matters. “Unfortunately, the Senate has not acted on the legislation.”
The legislation would allow the FCC to impose fines of up to $500,000 for each incident of an indecent or obscene broadcast. The current base fine is $7,000 per violation, but the FCC may increase that to $32,500 per violation, based on the circumstances and seriousness of the violation.
But in the Senate hearings, broadcasters charged that many of the complaints that have flooded the FCC are from organized groups, not from individuals outraged at program content.
“We should not mistake mass Internet-generated complaints for an organic outpouring of citizen outrage,” said Bruce Reese, joint board chairman of the National Association of Broadcasters.
But FCC Chairman Kevin Martin told the committee that the complaints are backed by polling data that show public concerns about programming and by several studies that analyze program content.
“For instance, the use of profanity during the family hour has increased 95 percent from 1998 to 2002,” he said. “Another recent study found that 70 percent of television shows in 2004 and 2005 season had some sexual content, and that the number of sexual scenes had doubled since 1998.”
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