By David Hatch
(Monday, June 4) FCC Chairman Kevin Martin called for "content-neutral solutions" to give parents more control over television programming after an appeals court vacated an agency decision that imposed penalties for swear words uttered on the Fox network.
"Permitting parents to have more choice in the channels they receive may prove to be the best solution to content concerns," Martin said in a statement. He argued that per-channel pricing, a concept known as a la carte that the cable industry fiercely resists, "would avoid government regulation of content" while enabling viewers to receive only the programming they want.
A cable industry source responded in an interview that a la carte would not have made a difference in the instances that prompted FCC action because the show at the center of the controversy -- the 2002 and 2003 Billboard Music Awards -- was rated as family friendly. "A la carte can't regulate content on a program-by-program basis," the source said.
At issue is a 2-to-1 ruling by the 2nd U.S. Circuit Court of Appeals that overturned 2006 FCC penalties for uses of 'f---' and s---' by entertainers Cher and Nicole Richie. Their comments occurred during the awards ceremony.
The court decision has rippled throughout Washington, New York and Hollywood, prompting consternation, applause and renewed debate over parental controls and ratings icons.
"I find it hard to believe that the New York court would tell American families that 's---' and 'f---' are fine to say on broadcast television during the hours when children are most likely to be in the audience," Martin, a Republican, wrote in an unusually strong reaction.
But the court determined that the fleeting usage was not indecent or profane, as the FCC had concluded. "Repeated use of those words in [the acclaimed World War II movie] 'Saving Private Ryan,' for example, was neither indecent nor profane," the court noted. It said both words have several meanings and are used in various contexts.
Senate Commerce Chairman Daniel Inouye, D-Hawaii, urged the FCC to swiftly appeal to the U.S. Supreme Court. "It is disappointing that a divided 2nd Circuit panel chose to invalidate the FCC's efforts to combat the gratuitous use of offensive language on broadcast television," Inouye wrote.
The Parents Television Council, which lobbied successfully last year for higher "indecency" fines and is spearheading this year's crackdown on TV violence, said the decision "has cleared the way for the television networks to use the f-word and s-word in front of children during any time of the day."
But the National Association of Broadcasters and other TV and Hollywood groups were pleased. "This is a timely opinion as public policymakers weigh the merits of further program content restrictions," spokesman Dennis Wharton said in a release. "NAB has long believed that responsible industry self-regulation is preferable to government regulation."
n an interview, a network TV lobbyist said the ruling could undermine efforts by the FCC and Congress to regulate excessive violence, which faces a tougher constitutional hurdle than restricting indecency.