What’s indecent? There’s a fines line

Sun., March 19, 2006

David Hinckley New York Daily News

Rulings

In a series of rulings on indecency in television last week, the Federal Communications Commission:

• Levied a record $3.6 million fine against dozens of CBS stations and affiliates for a December 2004 episode of the crime drama "Without a Trace," citing the graphic depiction of "teenage boys and girls participating in a sexual orgy."

• Upheld its $550,000 fine against CBS stations for Janet Jackson's breast exposure at the Super Bowl in 2004.

• Proposed additional fines totaling about $300,000 for several other broadcasts, including an episode of "The Surreal Life 2" on The WB.

• Dismissed complaints against a number of shows, including "The Oprah Winfrey Show," "Family Guy" and "The Simpsons."

Forget the Tom Cruise movie coming out May 5. If you want a “Mission Impossible,” consider what the Federal Communications Commission tried to do again last week: clarify what constitutes “indecent” programming in American media.

Commissioners sifted through 300,000 complaints and emerged with the biggest TV crackdown in FCC history: proposals for almost $4 million worth of fines, including $3.6 million for the Dec. 31, 2004, episode of CBS’ “Without a Trace.”

It was among the first fines issued under FCC Chairman Kevin Martin, clearing a backlog of investigations into indecency complaints registered against shows airing between 2002 and 2005.

Equally important, Martin says, is that the commission tried to “provide substantial guidance to broadcasters” by explaining in lengthy, specific detail what was and was not acceptable in some two dozen programs that drew formal complaints.

That’s new for the FCC, and it was done for a reason: to neutralize charges by Howard Stern and media companies that they can’t adhere to a standard if it’s constantly shifting.

The FCC’s problem is that the charge is true. The line does shift. If it didn’t, it would still be indecent for TV to show a married couple sleeping in one bed.

“Without a Trace” got the showcase fine, the one designed to instill fear, for a scene that showed clothed and semiclothed teenagers at a sex party.

Meanwhile, the FCC exonerated Oprah Winfrey for a show in which she and guests discussed, in graphic detail, what goes on at teenage sex parties.

CBS, which plans to appeal the ruling, argues that “Without a Trace” was only doing what Oprah was doing – making viewers aware of an issue that perhaps needs to be addressed.

So is everything clear now? Of course it is.

Guys, you’re still on your own.