Profanity Decision: Hollywood at Loss for Words
FCC rules sow confusion about what is indecent among content creators.
By John Eggerton -- Broadcasting & Cable, 8/1/2008 5:01:00 AM
TV creators are literally at a loss for words to know when they might run afoul of Federal Communicatons Commission rules in the wake of the FCC's arbitrary, capricious and content-chilling decision to find profanity on Fox's air indecent -- a decision that took a toll on producers' creativity and their pocketbooks, while denying viewers access to diverse programming.
That was the message from the Center for Creative Voices in Media by way of Media Access Project, which filed a brief in the Supreme Court Friday in the FCC's challenge to a lower-court decision throwing out that indecency finding against swearing on a couple of Fox awards shows.
In its brief, the Center said it is not challenging the broader constitutionality of the indecency-enforcement regime, and on that score at least, it is in agreement with the FCC. But that is about the only thing they agree on.
The Center argued that the FCC's finding that swearing by real people on a live show was indecent, but that swearing by actors on a scripted show wasn't indecent (Saving Private Ryan), but that swearing by real people on a documentary was indecent (The Blues) is a peripatetic regulatory course that it is impossible for content creators to follow.
"The commission's action leaves creators in the dark as to how a finding of indecency would be avoided based on the merit of the program ... This type of 'guidance' is not only arbitrary and vague, but for creators, completely unworkable and unacceptable," the Center said.
The groups pointed to the chilling effect on PBS' The War, where two versions were distributed -- one with swearing and one without.
The hit is not just creative, the Center argued, but economic. That includes having to indemnify stations from potential fines, as PBS has required of producers, according to the brief. It also means that, for less-well-known producers, the product may be censored, refused by stations worried about fines, or never funded at all out of an abundance of caution.
Among the center's advisors are Steven Bochco, whose NYPD Blue was also found indecent by the FCC; Tom Fontana; Diane English; Warren Beatty; and Vin Di Bona, whose Funniest Home Videos just escaped the FCC’s grasp.
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It doesn't take away from the fact that you and your group are a disgusting bunch of individuals. Have a nice day - communist.
T Dog - 8/1/2008 7:29:00 PM EDT -
Terence,
If you're going to resort to the inane tactic of calling me a communist, at least have the courtesy of spelling my name correctly.
Thanks
Dan Isett - 8/1/2008 5:36:00 PM EDT -
The PTC is nothing more than a group of communists who gives less than a damn about the "children" but instead more concerned about padding its own stupid agenda. I live in Chicago and already thirty Chicago Public School students have been gunned down this year. Where's your concern regarding that? That's right - you don't care about the "children" in the 'hood. I've never heard about kids getting killed by a TV show. You, Dan Isset, and merry band of morons are the biggest hypocrites I know. You absurd "group" needs to go away and the sooner the better!
T Dog - 8/1/2008 12:46:00 PM EDT -
"The hit is not just creative, the Center argued, but economic. That includes having to indemnify stations from potential fines, as PBS has required of producers, according to the brief. It also means that, for less-well-known producers, the product may be censored, refused by stations worried about fines, or never funded at all out of an abundance of caution."
How absurd is this argument considering that there is no prohibition on indecent content - merely that it must be aired after 10:00 PM?
Dan Isett - 8/1/2008 11:20:00 AM EDT
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