Broadcasters and entertainers are scrambling to protect themselves from the maximum Federal Communications Commission indecency fines under the new legislation passed by Congress and signed by President Bush in June.
Among the tactics used to limit liability, as summarized by Washington Post reporter Frank Ahrens, is liability insurance for entertainers. For example, comedian Ralphie May pays $22,000 a year for a $1 million policy which protects him from indecency fines and also includes protection against slander and lawsuit. The insurance company performed a risk analysis on him -- "to see where I was deficient," he said.
Radio companies are also engaging in protective tactics. Clear Channel -- the industry's largest radio chain with more than 1,200 stations -- has reworked its talent contracts to include "indemnification language," according to Andy Levin, executive vice president for government affairs. Under the new contracts, if a Clear Channel host says anything that prompts an FCC fine, that host -- not Clear Channel -- is responsible for paying any fine.
In the meantime, according to the Hollywood Reporter, the FCC has requested broadcasters to provide a reported 30 tapes of live sporting events where the participants or the crowds may have let loose with an expletive worth a $325,000 fine during football games or NASCAR races.
The courts may have the last word in this process. CBS and other broadcast networks and their affiliates have asked a U.S. appeals court to overturn FCC decisions that found broadcasters violated decency standards by airing profanity.
Portions of this courtesy of the Free Speech X-Press, the weekly newsletter of the Free Speech Coalition. More info at www.freespeechcoalition.com.
