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Background
Consumers often complain to the Federal
Communications Commission (FCC) about broadcast advertising:
they complain about the nature of the products being advertised,
the timing of certain ads (for example, during mealtime), or
commercials that they believe are indecent or in poor taste.
Other consumers complain about ads that they feel are poorly
produced or grammatically incorrect. The FCC also receives
complaints regarding false and misleading advertisements.
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Are There Any Laws That Limit the Material That Stations Can Broadcast?
There are laws passed by Congress
that restrict a station from broadcasting material that
promotes certain lotteries, advertises cigarettes,
little cigars, or smokeless tobacco products, or
perpetuates a fraud. Additionally, there are federal
laws that prohibit or limit obscene, indecent, or
profane language. Also, some advertisements may violate
laws that have been established by other government
agencies, such as the Food and Drug Administration (FDA)
or the Federal Trade Commission (FTC).
Obscene broadcasts are prohibited at
all times, while indecent or profane broadcasts are
prohibited during certain hours. Violators are subject to
sanctions that include civil penalties, criminal fines,
license revocation, and/or imprisonment of not more than
two years. For more information about the FCC’s authority
regarding obscene, indecent, or profane broadcasts, visit
the FCC’s Enforcement Bureau Web site at
http://www.fcc.gov/eb/oip
or see our consumer fact sheet at
http://www.fcc.gov/cgb/consumerfacts/obscene.html. |
What If I Have a Complaint and/or Concern about a Specific Advertisement Being
False, Misleading, or Offensive?
Broadcasters are responsible for selecting
the broadcast material that airs on their stations, including
advertisements. The FCC expects broadcasters to be responsible to
the community they serve and act with reasonable care to ensure
that advertisements aired on their stations are not false or
misleading.
The FTC has primary responsibility for
determining whether specific advertising is false or misleading,
and for taking action against the sponsors of such material. To
file a complaint with the FTC, go to
https://rn.ftc.gov/pls/dod/wsolcq$.startup or call toll-free
1-877-FTC-HELP (1-877-382-4357).
If you have a complaint about an
advertisement that you consider offensive because it is obscene,
indecent, or profane, you can file a complaint with the FCC. You
can file your complaint electronically using Form 475B, available
on our Web site at
http://www.fcc.gov/cgb/complaints_obscene.html. You can also
file a complaint by sending an e-mail to
fccinfo@fcc.gov, calling
1-888-CALL-FCC (1-888-225-5322) voice, or 1-888-TELL-FCC
(1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to:
Federal Communications
Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554.
See our consumer fact sheet at
http://www.fcc.gov/cgb/consumerfacts/obscene.html for details
about what information to include in your complaint.
You can also direct complaints about an
advertisement that you consider false, misleading, or offensive to
the local station and the affiliated network that broadcast the
advertisement. By notifying the station and network about your
complaint, you make them more sensitive to community standards in
selecting advertisements.
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Federal Communications Commission
