Hollywood Pushes Back on FCC


Hollywood continued its push-back on the FCC's ramped-up indecency enforcement on Monday.

The Center for Creative Voices in Media, whose creative voices include Steven Bochco, Tom Fontana, and Vin Di Bona, filed an amicus brief in support of CBS'challenge to the Janet Jackson/Justin Timberlake Super Bowl reveal.

 That came in the wake of its brief supporting Fox and CBS in their challenge to four profanity rulings issued by the FCC last March.

In Monday's filing, this time in the Third Circuit Court of Appeals in Philadelphia, the center took particular aim at the FCC's complaint process, which it said was arbitrary and "fraught with abuse."

"Arbitrary" and "capricious" have been the words most used by broadcasters challenging the FCC's indecency enforcement regime.

As the center argued last week in its filing to the Second Circuit on the profanity rulings, the "inconsistency" of the FCC rulings, they argue, has left content creators in a precarious position, "since they no longer have the ability to determine accurately what type of expression constitutes indecent speech," and thus the diversity of expression is threatened.

The Coalition has borrowed the diversity argument from its fight against any more deregulation of media ownership, which it says would also threaten diverse expression.