Broadcast Decency Enforcement Act of 2004 Passed in Landslide Vote

Earlier today, the House of Representatives overwhelmingly approved draconian legislation that raises penalties for both corporations and individuals that violate the Federal Communication Commissions indecency standards. The Senate version of the bill is likely to be voted on next week.

The bill passed by a staggering 391-22, demonstrating bi-partisan support for a bill that effectively rolls back broadcast entertainment to the 1950s when the word “diarrhea” was considered a dirty word.

One Republican voted against the bill, and eight Republicans abstained. 21 Democrats voted against the bill, and twelve abstained.

In fact, diarrhea still fits the FCC definition of indecency. FCC rules prohibit radio and TV stations broadcasts that air material that refers to sexual and excretory functions between 6 a.m. and 10 p.m., the time that the government feels that children may be tuned in. Obscenity is not permitted at any time of the day.

The bill also calls for repeat violators to have their broadcast licenses taken away.

Cable, satellite TV, and satellite radio face no such restrictions.

Under the House version of the bill, violators of the FCC regulations will be faced with fines of $500,000 per utterance of indecency, with no maximum fine amount.

The Senate version of the bill, which will likely be voted upon next week, only seeks to raise fines to $275,000. Furthermore, the Senate places a cap of $3 million in fines per 24-hour period for companies and a cap of $500,000 per 24-hour period for individuals.

Predicting the passage of the bill on his show earlier today, Howard Stern said, “They will make me a martyr, they will make be bigger than I have ever been.”

Stern says if President Bush signs the bill into law, he’ll quit doing his show. However, Stern has already indicated that he may move to either XM Satellite or Sirius Radio, two satellite radio stations.