Federal law prohibits obscene, indecent and profane content from being broadcast on the radio or TV. That may seem clear enough, but determining what obscene, indecent and profane mean can be difficult, depending on who you talk to.
In the Supreme Court's 1964 landmark case on obscenity and p*rnography, Justice Potter Stewartfamously wrote: "I know it when I see it." That case still influences FCC rules today, and complaints from the public about broadcasting objectionable content drive the enforcement of those rules.
In other words, if you "know it when you see it" and find it objectionable, you can tell the FCC and ask us to check into it.
Deciding what's obscene, indecent or profane
Each type of content has a distinct definition:
Obscene content does not have protection by the First Amendment. For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person's prurient interest; depict or describe sexual conduct in a "patently offensive" way; and, taken as a whole, lack serious literary, artistic, political or scientific value.
Indecent content portrays sexual or excretory organs or activities in a way that is patently offensive but does not meet the three-prong test for obscenity.
Profane content includes "grossly offensive" language that is considered a public nuisance.
Factors in determining how FCC rules apply include the specific nature of the content, the time of day it was broadcast and the context in which the broadcast took place.
Broadcasting obscene content is prohibited by law at all times of the day. Indecent and profane content are prohibited on broadcast TV and radio between 6 a.m. and 10 p.m., when there is a reasonable risk that children may be in the audience.
What about cable, satellite TV and satellite radio?
Because obscenity is not protected by the First Amendment, it is prohibited on cable, satellite and broadcast TV and radio. However, the same rules for indecency and profanity do not apply to cable, satellite TV and satellite radio because they are subscription services.
Enforcing the rules
Enforcement of the obscenity, indecency and profanity rules usually begins with complaints from the public that FCC staff review for possible violations. If an investigation is warranted and the FCC finds a station in violation of its rules, it has the authority to revoke a station license, impose a fine or issue an admonishment or warning.
What if I have comments or concerns about a specific broadcast?
All comments and/or concerns about a specific broadcast should be directed to the stations and networks involved.
What information should I include in an obscenity, indecency or profanity complaint with the FCC?
When filing a complaint, please include the following information:
- Date and time of the broadcast.
- The call sign, channel and/or frequency of the station.
- Details of what was actually said or depicted during the broadcast.
Detailed complaints are helpful for analyzing the context of offensive language, images or scenes and determining possible rule violations. It is also helpful (but not a requirement) to include a recording or transcript of a broadcast when possible, though any documentation you provide becomes part of the FCC's records and may not be returned.
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As an expert in media law and regulations, I've extensively studied and analyzed the intricate framework that governs content broadcasted on radio and television, particularly in the United States. My expertise is grounded in a comprehensive understanding of federal laws, Supreme Court decisions, and FCC regulations that shape the landscape of media content.
The article in question delves into the federal law that prohibits obscene, indecent, and profane content on the airwaves. Drawing upon my knowledge, I can elucidate the key concepts and provide a nuanced explanation of the terms used in the article:
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Obscene Content:
- Definition: Content that lacks protection under the First Amendment.
- Legal Test: Established by the Supreme Court in a three-pronged test:
- Must appeal to an average person's prurient interest.
- Depict or describe sexual conduct in a "patently offensive" way.
- Taken as a whole, it must lack serious literary, artistic, political, or scientific value.
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Indecent Content:
- Definition: Portrays sexual or excretory organs or activities in a way that is patently offensive but doesn't meet the three-pronged test for obscenity.
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Profane Content:
- Definition: Involves "grossly offensive" language that is considered a public nuisance.
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Application of FCC Rules:
- Time Restrictions: Broadcasting obscene content is prohibited at all times, while indecent and profane content is restricted on broadcast TV and radio between 6 a.m. and 10 p.m.
- Considerations: FCC rules take into account the specific nature of content, the time of day, and the context in which the broadcast occurs.
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Regulation Beyond Traditional Broadcasting:
- Cable, Satellite TV, and Satellite Radio: Obscenity is prohibited on these platforms as well, but rules for indecency and profanity do not apply because they operate as subscription services.
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Enforcement of Rules:
- Initiation: Typically begins with public complaints that FCC staff review for potential violations.
- Penalties: If a station is found in violation, the FCC can revoke a station license, impose fines, or issue admonishments or warnings.
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Filing Complaints with the FCC:
- Information Needed: Date and time of the broadcast, call sign, channel or frequency of the station, and details of the objectionable content.
- Importance of Detail: Detailed complaints aid in analyzing the context of offensive material and determining rule violations.
- Supporting Documentation: While not mandatory, including a recording or transcript is helpful, and such information becomes part of the FCC's records.
In conclusion, my expertise in media regulations allows me to dissect and explain the complexities of the legal framework governing the broadcast of content deemed obscene, indecent, or profane, as outlined in the provided article.
