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International Law

: Freedom to Differ

FCC and the chilling effect

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TV Week suggests that in the US the FCC is having a chilling effect on television shows:

Federal Communications Commission Chairman Kevin Martin may be winning the fight he has picked with TV networks that air racy programming.

Mr. Martin?s agency lost the last major indecency court case in federal appeals court and he?s awaiting the Supreme Court?s decision on whether it will resuscitate that action against Fox.

But the FCC?s legal setbacks aside, groups that represent show creators say the agency?s crackdown is affecting which shows end up on broadcast TV, and which shots or lines get pulled.

Does that mean that without winning a decisive battle, the FCC is winning the war?

?Look at what happened to Ken Burns? documentary [?The War?], re-edited and bleeped for language,? said Jonathan Rintels, executive director of the Center for Creative Voices in Media. ?When you see a PBS station refusing to air a documentary about Marie Antoinette [because of a suggestive drawing in one scene], this is truly impacting broadcast television.?

Center supporter Steven Bochco?s ?NYPD Blue? is the subject of the FCC?s latest obscenity push. Last month the agency fined ABC and some of its stations more than $1.2 million for a 2003 episode of the show that showed an actress?s bare buttocks.

In another case brought last week, 13 Fox stations were fined a total of $91,000 for a 2003 episode of ?Married by America? that featured pixelated strippers at a bachelor and bachelorette parties.

ABC is appealing the fine in court. Fox hasn?t yet decided whether to appeal.

Meanwhile, hanging over these cases is the most notorious case of recent years, Janet Jackson?s 2004 Super Bowl halftime ?wardrobe malfunction.? An appellate court is expected to rule shortly on the FCC?s fining 20 CBS stations a total of $550,000 for indecency.

Read more here.   And while we're on the FCC, The Onion reports that an FCC official has clarified new broadcasting regulations that clear the way for more nude scenes featuring the beautiful, auburn-haired Alyson Hannigan:

FCC Okays Nudity On TV If Itâ??s Alyson Hannigan


Full post as published by Freedom to Differ on March 09, 2008 (boomark / email).

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