|
Background
The Federal Communications Commission (FCC) receives numerous
complaints that television and/or radio networks, stations or
their employees or guests have broadcast extreme, incorrect, or
somehow improper political, economic, or social statements.
Often consumers complain that certain broadcast statements may
endanger the United States or its people, or threaten our form
of government, our economic system, or established institutions
like family or marriage. They say these attacks are
“un-American” and an abuse of freedom of speech. The FCC also
receives complaints that some broadcast statements criticize,
ridicule, “stereotype,” or demean individuals or groups because
of the religion, race, nationality, gender, or other
characteristics of the group or individual. Finally, many
consumers complain that television or radio broadcasts are
obscene, indecent, profane, or otherwise offensive.
|
What Is the FCC’s Responsibility
The FCC is barred by law from trying
to prevent the broadcast of any point of view. The
Communications Act prohibits the FCC from censoring
broadcast material, in most cases, and from making any
regulation that would interfere with freedom of speech.
Expressions of views that do not involve a “clear and
present danger of serious substantive evil” come under the
protection of the Constitution, which guarantees freedom
of speech and freedom of the press. The FCC cannot
suppress such expressions. According to an FCC opinion on
this subject, “the public interest is best served by
permitting free expression of views.” This principle
ensures that the most diverse and opposing opinions will
be expressed, even though some may be highly offensive.
However, the Commission does have enforcement
responsibilities in certain limited instances.
For example, the Courts have said
that indecent material is protected by the First Amendment
to the Constitution and cannot be banned entirely. It may
be restricted, however, in order to avoid its broadcast
when there is a reasonable risk that children may be in
the audience.
|
Between 6 A.M. and 10 P.M. – when there is
the greatest likelihood that children may be watching –airing
indecent material is prohibited by FCC rules. Broadcasters are
required to schedule their programming accordingly or face
enforcement action. Similarly, the Commission has stated that
profane material is prohibited between 6 A.M. and 10 P.M.
Finally, the courts have ruled that
obscene material is not protected by the First Amendment and
cannot be broadcast at any time. For more information about these
rules 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 Are the Broadcasters’
Responsibilities?
Individual radio and television station
licensees are responsible for selecting all broadcast matter and
for determining how their stations can best serve their
communities. Broadcast licensees are responsible for choosing both
the entertainment programming and the programming concerning local
issues, news, public affairs, religion, sports and other subjects
to be aired by the station. They also decide how their programs,
including call-in shows, will be conducted and whether or not to
edit or reschedule programs or material (for example, moving a
program to a time slot during which children may not be listening
or watching).
What If I Have a Comment and/or Concern
About a Specific Broadcast or Statement?
If you consider a broadcast 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 by e-mailing
fccinfo@fcc.gov; calling our Consumer Center at
1-888-CALL-FCC (1-888-225-5322) voice, 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
www.fcc.gov/cgb/consumerfacts/obscene.html for details
about what information to include in your complaint.
Also consider directing any complaints,
concerns, or comments about a specific broadcast or statement to
the local station and network involved. If you do so, the people
responsible for making programming decisions can become better
informed about audience opinion.
|
For More Information
For more information regarding
obscene, indecent, or profane broadcasts, visit the
FCC’s Enforcement Bureau Web site at
www.fcc.gov/eb/oip/.
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. |
|
FCC
> CGB Home
> Consumer Publications > The
FCC and Freedom of Speech
FCC Home
Federal Communications Commission
