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.
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
www.fcc.gov/eb/oip
or see our consumer fact sheet at
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.
There is no charge for filing a complaint. You can file your
complaint using an on-line complaint form found at
esupport.fcc.gov/complaints.htm. You can also file your
complaint with the FCC’s Consumer Center by e-mailing
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.
What to Include in Your Complaint
The best way to provide all the information
the FCC needs to process your complaint is to complete fully the
on-line complaint form. When you open the on-line complaint
form, you will be asked a series of questions that will take you
to the particular section of the form you need to complete.
See our consumer fact sheet at
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.
For More Information
For information about other
telecommunications issues, visit the FCC’s Consumer &
Governmental Affairs Bureau Web site at
www.fcc.gov/cgb, or contact the FCC using the
information provided for filing a complaint. |
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