Congress Examines Boosting Indecency Fines

Members of the House of Representatives are examining a Senate-passed bill aimed at increasing fines that the Federal Communications Commission can impose on broadcasters who break its indecency rules.

The House, the New York Times says, is expected to approve the bill which would raise fines from the existing $32,500 to $325,000 per violation. If passed, Pres. Bush, who has been pressing for the increases, is expected to sign the measure into law.

The legislation comes more than two years since Janet Jackson exposed her breast in front of a national television audience during the 2004 Super Bowl, giving rise to calls by legislators for the fine increase.

The legislation, sponsored by Sen. Sam Brownback, R-Kansas, is a toned-down version of a similar measure passed by the Republican-dominated House last year which raised the maximum fine to $500,000 and called for fines for individual performers as well as gave the FCC the authority to revoke broadcasters’ licenses for having three or more violations.

By law, radio stations and over-the-air television channels are prohibited from airing obscene material at any time. They also may not air indecent material between 6 a.m. and 10 p.m. which is considered a period when children may be watching or listening.

Cable and satellite broadcasts are exempt from such rules.

According to the FCC, indecent material is defined as that which contains sexual or excretory material that is not deemed obscene.

With more emphasis put on indecent material, total FCC fines have increased from just below $500,000 in 2003 to nearly $8 million in 2004. Viacom, which owns CBS Corp., was fined $3 million for several cases involving Howard Stern and other radio personalities.