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Background
Consumers often complain to the Federal
Communications Commission (FCC) about call-in or open microphone
radio programs. They most often object to the subject matter being
discussed, or the accuracy or fairness of the commentary.
Consumers also complain that their calls have been limited or
barred by the station, or that program hosts are biased,
insufficiently informed, and/or discourteous. Many consumers also
complain that the nature of the material being broadcast, like
radio stunts or “shock jock” programs, is obscene, indecent,
profane, or otherwise offensive.
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What Are the Broadcasters' Programming
Responsibilities?
The FCC regulates the broadcast of
obscene, indecent, and profane programming. Neither the FCC
nor any other government agency, however, can direct
broadcasters to present or refrain from presenting specific
programs, or tell them how to conduct their call-in shows
and other programs. Broadcasters are responsible for
deciding what their stations present to the public.
Broadcasters are expected to be aware
of the important local issues in the communities that their
stations serve, and to offer programming that will inform
their audiences about these issues. The selection of issues
and the kinds of programming offered are the broadcasters’
responsibility. “Call-in” programs are not required to be
used to discuss community issues.
Broadcasters are not obligated to give
any particular individual an opportunity to participate in a
broadcast unless the broadcast involves a candidate for
public office.
In general, broadcasters have wide
discretion in choosing their programming. The First
Amendment to the Constitution and the Communications Act
prohibit the FCC from becoming involved in selecting the
content of specific programs or otherwise engaging in
activities that might be regarded as censorship. |
Specifics of the FCC's Rules Governing Obscene,
Indecent, and Profane Programming
Congress has given the FCC the responsibility
for administratively enforcing the law that governs obscene,
indecent, and profane programming. The FCC may revoke a station
license, impose a monetary forfeiture, or issue an admonishment
for the broadcast of obscene, indecent, or profane material.
Obscene speech is not protected by the
First Amendment to the Constitution and cannot be broadcast at any
time. The Supreme Court has established that, to be considered
obscene, material must meet a three-pronged test:
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An average person, applying contemporary
community standards, must find that the material, as a whole,
appeals to the prurient interest;
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The material must depict or describe, in a
patently offensive way, sexual conduct specifically defined by
applicable law; and
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The material, taken as a whole, must lack
serious literary, artistic, political, or scientific value.
The FCC has defined broadcast indecency
as “language or material that, in context, depicts or describes,
in terms patently offensive as measured by contemporary community
standards for the broadcast medium, sexual or excretory organs or
activities.” Indecent programming contains patently offensive
sexual or excretory material that does not rise to the level of
obscenity. The courts have held that indecent material is
protected by the First Amendment and cannot be banned entirely.
FCC rules prohibit indecent speech on broadcast radio and
television between 6 a.m. and 10 p.m., when there is reasonable
risk that children may be in the audience.
The FCC defines profane material as
“including language so grossly offensive to members of the public
who actually hear it as to amount to a nuisance.” Like indecency,
profane speech is prohibited on broadcast radio and television
between 6 a.m. and 10 p.m.
What If I Have Comments and/or Concerns About
a Specific Broadcast?
All comments and/or concerns about a specific
broadcast should be directed, in writing, to the stations and
networks involved so that the people responsible for making the
programming decisions can become better informed about audience
opinions.
What If I Have a Complaint about an Obscene, Indecent, or Profane Program?
Enforcement actions in this area are based on documented
complaints received from the public about specific obscene,
indecent, or profane material. In making obscenity, indecency, and
profanity determinations, context is key. The FCC analyzes what
was actually aired, its meaning, and the context in which it was
aired.
Accordingly, we ask you to provide the following information:
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Information regarding the details of what was actually said or
depicted during the broadcast.
The complainant may choose the
format for providing the information, but it must be sufficiently
detailed so that the FCC can determine the words or language used,
or the images or scenes depicted during the broadcast and the
context of those words, language, images, or scenes. Subject
matter alone is not sufficient to determine whether material is
obscene, indecent, or profane. For example, stating only that the
objectionable programming “discussed sex” or had a “disgusting
discussion of sex” is not sufficient. Moreover, the FCC must know
the context when analyzing whether specific, isolated words or
images are obscene, indecent, or profane. The FCC does not require
complainants to provide tapes or transcripts in support of their
complaints. Consequently, failure to provide a tape or transcript
of a broadcast, in and of itself, will not lead to automatic
dismissal or denial of a complaint. Nonetheless, a tape or
transcript is helpful in processing a complaint and, if available,
should be provided.
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The date and time of the broadcast.
Under federal law, if the
FCC assesses a monetary forfeiture against a broadcast station for
violation of a rule, it must specify the date the violation
occurred. Accordingly, it is important that complainants provide
the date the material in question was broadcast. Indecent or
profane speech that is broadcast between the hours of 10 p.m. and
6 a.m. is not actionable. Consequently, the FCC must know the time
of day that the material was broadcast.
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The call sign, channel, or frequency of the station involved.
To take enforcement action for the airing of prohibited material,
the FCC must be able to identify the station that aired the
material. By providing the call sign, channel, or frequency of the
station, you will help us to quickly and efficiently process your
complaint.
Any documentation you provide to the FCC about your complaint
becomes part of the FCC’s records and may not be returned.
How to File a Complaint
The fastest and easiest way to file a
complaint containing this important information is to use the
FCC’s new electronic complaint Form 475B, available on our Web
site at
http://fjallfoss.fcc.gov/cgb/fcc475B.cfm.
You may also file a complaint by e-mail at
fccinfo@fcc.gov or by calling
1-888-CALL-FCC (1-888-225-5322) voice, 1-888-TELL-FCC
(1-888-835-5322) TTY. You can also mail your complaint to:
Federal Communications
Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th St., SW
Washington, DC 20554.
If you are submitting a video tape, DVD, CD,
or other type of media with your complaint, please send it to the
following address to avoid mail processing damage.
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
9300 East
Hampton Drive
Capitol Heights, MD 20743
For more information regarding obscene,
indecent, or profane broadcasts, visit the FCC’s Enforcement
Bureau Web site at www.fcc.gov/eb/oip/. For a list of the
Commission’s recent enforcement actions in this area, visit
www.fcc.gov/eb/oip/Actions.html.
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For general information on
other telecommunications-related issues, you may contact the
FCC’s Consumer & Governmental Affairs Bureau in the following
ways:
Internet:
www.fcc.gov/cgb
Telephone:
1-888-CALL-FCC (1-888-225-5322) voice
1-888-TELL-FCC (1-888-835-5322) TTY
Fax: 1-866-418-0232
Mail:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554.
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Federal Communications Commission
