U.S. Rep. Phil Gingrey voted today for the Broadcast Decency Enforcement Act, which would bolster penalties for on-air obscenity, indecency and profanity.
“The airwaves don’t belong to the broadcast networks. They belong to the American people, and many parents are tired of those airwaves being hijacked by those who peddle filth, foul language and ‘costume reveals,’ ” Gingrey said. “Today’s overwhelming bipartisan support for this legislation demonstrates how much this issue is resonating with American families.”
Earlier in the 108th Congress, Gingrey authored a resolution urging the Federal Communications Commission to reconsider its ruling to allow use of the f-word in certain instances on broadcast television.
Points on the Broadcast Decency Enforcement Act:
Not Censorship or a Restriction of Free Speech
· BDEA does not change the current FCC definitions of obscenity, indecency or profanity, but imposes a "shot clock" within which the FCC has 180 days from the date of an initial complaint to determine if the incident in question was indeed indecent, and another 90 days either to issue a forfeiture order or dismiss the complaint.
Increased Penalties for Rule Breakers
· Americans have taken a closer look at the television performances of our entertainers and have decided there are decency boundaries that must not be crossed.
· Currently, the Federal Communications Commission (FCC) is permitted to impose fines of up to $27,500 broadcasters.
o This plan increases the amount of fines that the FCC can impose to up to $500,000 for every airing of "obscene, indecent or profane material."
· Additionally, under current FCC guidelines, networks and entertainers who willfully or intentionally violate indecency standards receive a warning after the first offense and are eligible for a fine capped at $11,000 after the second offense.
o This bill removes the warning and allows the FCC to fine an entertainer up to $500,000 for a first offense.
Added Enforcement
· The plan also directs the FCC to hold a hearing to consider stripping stations of their licenses after a station has been sanctioned three or more times. The FCC may also take into consideration prior violations when licenses come up for renewal.
· BDEA will not apply to cable or satellite systems.
