On February 16, the House approved, 389-38, the Broadcast Decency Enforcement Act (H.R. 310). Prior to the final vote, the House approved, by voice vote, a manager’s amendment offered by Rep. Fred Upton (R-MI) making technical changes to the bill. The House Energy and Commerce Committee approved the measure on February 9 (see The Source, 2/12/05).
Sponsored by Rep. Upton, the measure would raise the Federal Communications Commission (FCC) fine for any incident of indecency from $27,500 to $500,000. The bill also would increase fines for individual performers from $10,000 to $500,000 with no cap for a continuing violation. Violators of decency standards also could be required to air public service announcements that serve the educational and informational needs of children, in addition to paying the fines.
In an attempt to protect smaller network affiliates, H.R. 310 would require the FCC to determine who created the programming and how much control the broadcaster had when the violation occurred. The bill also would require the FCC to take into account the violator’s ability to pay fines, based on market size and location and whether the violator was a company or an individual. Broadcasters with a series of infractions would not be allowed to renew their licenses.
H.R. 310 would require the FCC to report annually on the number of complaints received and what actions were taken. The measure would institute a 180-day period for the FCC to make enforcement decisions. Finally, the bill would require the FCC to revise its policy statement on indecent programming within nine months of enactment of the bill and every three years thereafter.
Expressing her support for the bill, Rep. Mary Bono (R-CA) stated, “It has been over a year since the infamous Super Bowl incident where a supposed ‘wardrobe malfunction’ set this Nation spinning backwards wondering why our children were exposed to a misogynistic display of public nudity during a football game. The provocative dancing and sexual lyrics were a far cry from an afternoon watching a football game. While I have the utmost respect for artists and their artistic expressions, I am also a mother of two children and last year the line between acceptable and unacceptable was crossed on national television.”
Rep. Jan Schakowsky (D-IL) said that the legislation “would essentially…put Big Brother in charge of deciding what is art and what is free speech. If enacted, especially with the increased fines against individual artists, we will see self- and actual censorship reach new and undesirable heights.” Referring to parents’ concerns about indecent programming, she added, “There are many programs on TV that I believe are inappropriate for my little grandchildren, particularly the many which depict graphic violence over and over again. But I do not want H.R. 310 or Big Brother making the decision for me or their parents.”
Both the House and Senate considered similar legislation last year, but no action was completed before the end of the 108th Congress (see The Source, 6/25/04).
